The State of Disinformation Regulations in Southeast Asia

Can we regulate our way out of the problems caused by disinformation?

This question was one of the many topics that animated conversations at the Asia Pacific Expert Meeting on Disinformation Regulation and the Free Flow of Information in Kuala Lumpur, Malaysia. Among experts from governments, businesses, academia, the legal sector, and civil society, robust discussions were held on the challenges and possibilities of disinformation regulation and resilience.

A report entitled “Review of Approaches to Disinformation Regulation in ASEAN Member States” was presented by legal firm K&L Gates. In reviewing approaches to disinformation regulation in Southeast Asia, the report revealed general weaknesses around existing laws and legal frameworks – including vague definitions of what constitutes disinformation and a lack of a requirement of an intention to mislead or harm.

A concern was raised that many legal frameworks contained existing kerbs on freedom of expression and information laws. As a result, disinformation regulation risks being yet another tool for governments to hold disproportionate power in suppressing dissent in the region.

There is also the risk that criminalisation of disinformation can hurt public confidence in facts and make it easier to challenge established truths. We need a more sophisticated way to respond to coordinated disinformation, as well as evidence-based methods to prevent it from happening. 

As a result, it is imperative for governments to build trust in public institutions by regularly sharing information with the public, so that they are well-equipped with safe and trusted information when confronted with disinformation. 

During the meeting, I was a discussant for the session ‘Technology and Disinformation: How can technology be part of the solution?’ along with speakers from the Association of Progressive Communications and the Asia Centre. I reflected on the role of Big Tech companies in amplifying and incentivising the spread of disinformation due to a harmful business model that tracks and targets content and ads at users. The social costs of a business model putting profits over people can lead to grave outcomes, such as swaying election outcomes, distorting the information landscape, and even social and political unrest.

More research and advocacy are needed to demonstrate the real world harms caused by the amplification of disinformation and the role that Big Tech plays in this regard. A multi-disciplinary approach is also required to address disinformation — one that joins together activists, researchers, and experts on data protection, regulation, freedom of expression, online gender-based violence, digital rights, privacy, media, generative AI, and technology.

The Asia Pacific Expert Meeting on Disinformation Regulation and the Free Flow of Information was jointly organised by the World Justice Project, LexisNexis and the Human Rights Commission of Malaysia (Suhakam) and partially sponsored by Luminate. The keynote addresses were delivered by Malaysia’s Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said and UN Special Rapporteur on Freedom of Opinion and Expression Irene Khan.