The Right to and Expression

editorial 2—6

Freedom of Speech and Expression Under Threat

published by spotlight 6—15 the asian-pacific resource and research centre for women (arrow) Feminists Navigating Digital resources from the arrow Space and Countering srhr knowledge sharing Technology ‘Enabling’ centre 26—28 Violence other resources 29—30 “Rape Her”: Gendered Hate monitoring countries and Speech Against Rohingya regional activities 19—25 published with the funding Women definitions 30—31 support of Does the Digital Security Act Lip Sync to Jail Increase Insecurity for People factfile 31—34 in ? Equal Before God?: Women Freedom of Speech and and the Right to Freedom of Fiji’s Online Safety Act Expression and Sexual and Religion Reproductive Health and The Challenge of Protecting Rights: Connections and Free Speech in Duterte’s Contemporary Context in the Asia Pacific Region arrow receives institutional in our own words 16—18 Philippines support from the Ford Foundation and the Foundation for a Just Working Around Media The Regime in editorial and Society Censorship to Tell Our Stories Pakistan production team 36 2 arrow for change | vol. 26 no. 1 2020 editorial

By Rachel Arinii FREEDOM OF SPEECH AND East-Asia and ASEAN Programme Manager, FORUM-ASIA EXPRESSION UNDER THREAT Email: [email protected]

This editorial was created by extracting expression. While platforms are available, Part II: Freedom of Speech and information from FORUM-ASIA’s the uneven distribution in the access Expression in East Asia – Freedom of publication titled, “The Instrument of to, use of, or impact of information expression is heavily restricted in East Repressions: Regional Report on the technologies severely affect women Asia. Governments utilise a range of legal status of Freedom of Expressions, and LGBTIQ persons access to online means to control and monitor information Assembly and Association in Asia” as well freedom of expressions. In addition, online and offline. In China, publication as the “Briefing Paper on COVID-19 in surveillance technology has increased houses are required to have government ASEAN: The Human Rights Crisis and How insecurity, especially to dissenting voices. licenses. Unauthorised publishers, news to End It”. Wiretapping, social media tracking, agencies, and journalists face the risk of biometric and facial recognition used by being closed down if found to be non- We cannot have democracy without state and non-state actors are utilised to compliant. The State Public Officials freedom of expression. The regional trend further silence dissent, often leading to Act in South Korea and the Social Order of further oppression to the civic space judicial harassment and systematic cyber- Maintenance Act in Taiwan both restrict contributes to the heightened intimidation attacks to those focused on human rights individuals attempting to express opinions and risks faced by women human rights issues. that may be detrimental to ‘public order.’ defenders (WHRDs) across the region. This editorial outlines recommendations While platforms are available, Censorship and heavy restrictions for the improvement of existing policies, the uneven distribution in the have also encroached cyberspace. which would enable progressive action by China’s National Security Law contains governments, policymakers, duty-bearers, access to, use of, or impact broad provisions designed to control non-governmental bodies, and other of information technologies and manage online content. A 2016 stakeholders. severely affect women and Cybersecurity Law further strengthens LGBTIQ persons access to online existing censorship regulations and Part 1: Regional Trends and Trajectory – mandates Internet service providers to Within already increasingly authoritarian freedom of expressions. actively monitor customers’ accounts. countries, governments are using the South Korea’s Network Act and COVID-19 pandemic as a cover to further The recent shutdown of ABS-CBN Mongolia’s state-run Communications the implementation of existing policies Philippines and conviction of journalist Regulatory Commission regulate online that curtail peaceful dissent. For others, Maria Rhesa is only a snippet of the freedom of expression and empower the pandemic served as a justification for depressing erosion facing Asian press government bodies to monitor and censor initiating new decrees, laws and policies, freedom.1 Asia holds the dubious online content. or using existing ones to arbitrarily restrict distinction of being home to both the human rights. most prolific jailer of journalists (China) These laws have been used against and the deadliest places for them to work government critics to stifle dissenting Almost all ASEAN Member States in (, Pakistan, Philippines views that relate to both the political and have criminalised the dissemination of and Bangladesh).2 One of the trends civic space. South Korea’s Park Geun- disinformation or what they consider to be that is common across Asia is the use Hye administration used the Network Act ‘fake news’ in offline and online spaces, of restrictive laws and legislation, to prosecute critics. These included the resulting in the curtailment of necessary including those that lead to financial sentencing of Park Sung-su for printing information and dialogue, and often clampdown on media outlets or human material critical of the government, and covering measures targeting peaceful rights defenders. Whether in the form of the filing of defamation cases against six government critics or dissidents. defamation laws, sedition acts, or foreign journalists who had published a report on funding restrictions, archaic or vaguely a leaked document. While the atmosphere Technology and digital space are also formulated laws are used to silence for HRDs in Taiwan is relatively free, impacting freedom of speech and expression.3 some activists have been charged 3 editorial arrow for change | vol. 26 no. 1 2020

under the Social Order Maintenance State ownership and restrictions on illegitimately criminalised in Bangladesh, Act (SOMA) for attempting to bring foreign media further discourage placing the burden on the accused to attention to domestic issues. A lack of State accountability. In Malaysia, the prove such content was published for enabling laws for the protection of human Immigration Law bars foreign media ‘public good’. AKM Wahiduzzaman, rights defenders in China, Mongolia and from indirectly participating in ‘affairs a geography professor was jailed for South Korea have also limited recourses of the State’. The government inspects defamation for a Facebook comment for HRDs in cases of harassment or all program content of foreign media referring to Prime Minister Sheikh repression.4 in Vietnam, and foreign journalists can Hasina as ‘pesudo scholar’. In the be refused access for reporting on government’s wide powers over the Part III: Freedom of Speech and politically sensitive issues. press and publishing houses has led Expression in South East Asia – the State to widely limit free expression Restrictions on the practice of freedom Repressive laws are used to target human despite the laws providing governments of expression in South East Asia exist rights defenders and political dissidents. with somewhat less space to censor or under the guise of preserving national They remain subject to fabricated ban free speech. Much of the limitations interests, national security or protecting charges, State-sanctioned violence, come from Article 95 of the Penal Code a country’s morals or religious beliefs. imprisonment and extrajudicial killings. In that has empowered the government to Cambodia’s Press Law prohibits Malaysia, the Sedition Act has been used seize and forfeit publications suspected the publication of information that to prosecute those who speak out against to incite enmity between groups, and may compromise national security, the government and its policies. In insult religion. Indonesia’s Broadcast Act limits Cambodia, four human rights defenders broadcast content, while Myanmar and were a given a six-month sentence Repressive laws are used to Malaysia both have laws that limit the under a law prohibiting ‘’insult and printing or publishing of information. In obstruction to a public official’. In 2017, target human rights defenders Laos, the Constitution bans information the Philippines President threatened and political dissidents. They that can be seen as being against the human rights defenders speaking remain subject to fabricated country’s interests. Vietnam’s criminal against the campaign against illegal charges, State-sanctioned code bans criticism of the government. drugs.5 In 2020, through the Bayanihan violence, imprisonment and act, the Philippines criminalised those- Timor Leste’s Media Law restricts participating in cyber incidents that took extrajudicial killings. publications from releasing content advantage of the current pandemic.6 that impinge on the right to honour In 2013, the Calcutta high Court ordered and reputation, while Singapore’s Part IV: Freedom of Speech and a stay on Sahara: The Untold Story, a Undesirable Publications Act can Expression in South Asia – In book by Ramal Tamal Bandyopadhya ban publications deemed ‘obscene’. Bangladesh and India, freedom of for publishing details on a business Blasphemy and defamation laws carry expression, particularly of the press, conglomerate. In 2014, Penguin India with them heavy punishments. In is limited by government controlled was forced to pull its book on Hinduism Indonesia and Thailand, individuals can means such as control of licensing, written by an American academic. be charged for insulting authorities, content restrictions, and censorship. These legitimised harassment over leaders, or heads of state. Bangladesh’s Broadcasting Act under free expression, leading to a rise in its National Broadcasting Policy 2014 self-censorship. In the film industry Restrictions on freedom of expression significantly curtails critical speech in India, heavy censorship is imposed extend to cybercommunications under vaguely defined clauses like under vaguely interpreted contents as and telecommunications. Cambodia those that ridicule national ideas, spark ‘offensive’. Defamation is also an offense allows government monitoring of unrest, hurt religious values, ridicule law in India which requires the accused to private conversations through its enforcement agencies, and runs counter prove one’s innocence leading the law Telecommunications Law. Myanmar’s to government or public interest. open to be abused by the government, Telecommunications Law allows especially politicians, to target its critics. providers to monitor communication Free expression is also limited through Between 2011 to 2016, Tamil Nadu Chief services. Thailand’s Computer Crime Act the Broadcasting policy that obliges all Minister Jayalalithaa filed nearly 200 criminalises a wide variety of broad acts broadcasters to air contents deemed of defamation cases against journalists, associated with online content. national importance. Defamation is also media outlets and political rivals, a trend 4 arrow for change | vol. 26 no. 1 2020 editorial

which has been practiced by many other content critical to the army, judiciary Government responses have involved politicians in India. or law enforcement practices. The a crackdown on the rights to freedom Pakistan Broadcasting Corporation of expression, peaceful assembly and Free speech and expression are highly prohibits private radio stations from association as well as violation of the restrictive in Maldives, particularly of broadcasting news programs not created right to liberty. While under international the press, in the current administration by the Corporation. Multiple television human rights law certain derogations despite the fact that free press is a stations have been fined for broadcasting to these rights are allowed in times constitutionally guaranteed right. blasphemous content. Books and of emergency,7 in most cases, the The government has adopted various magazines are subjected to censorship, governments have failed to limit those legislations to penalise protests and free and material that is considered obscene is to a minimum and meet the principles of expression critical to the government. seized by the government. necessity and proportionality needed to With the backing of such laws, the justify such exceptions. government has launched a full-on While measures were taken assault on independent media outlets In addition, despite internet access in and journalists in recent years. In 2016, to genuinely combat the ensuring access to information about Channel News Maldives was forcefully proliferation of the virus, others COVID-19, 21 June 2020 marked one closed obliging the channel to express used it as a pretext for increasing year of internet restrictions in eight pro-government views only. The Addu oppression and violating human townships in Rakhine and Chin States.8 In Live independent news website was Malaysia, more than 20,011 people have rights. blocked in the same year for revealing been arrested for violating the country’s a government charity scandal. Likewise, Movement Control Order (MCO) since staff of Haveeru Media were barred Part V: The impact of COVID-19 on it was issued on 18 March 2020.9 These from working in any media-related Freedom of Speech and Expression – numbers include migrants and . field until February 2018. Defamation The COVID-19 pandemic has created a Malaysian police also raided the Aljazeera is also an offence in Maldives under genuine health emergency, prompting office for reporting on treatment against The Protection of Reputation and Good governments to take extraordinary, migrants during MCO.10 In Vietnam, by Name and Freedom of Expression unprecedented measures in an effort to the end of March, 700 individuals had Act which imposes severe restriction curb its lethal impact. While measures already been fined by the public security of freedom of expression and forces were taken to genuinely combat the forces, who operate under the Ministry of extreme self-censorship in order to proliferation of the virus, others used it Public Security, for peacefully expressing avoid imprisonment and heavy fines up as a pretext for increasing oppression and views related to the coronavirus.11 The to US$ 130,000. Media outlets like Dhi violating human rights. Some measures policies also further exacerbate public TV, Dhivehi Online, DhiFM, and Raajje have proven to be detrimental particularly health risks of marginalised populations, TV were all shutdown temporarily or to groups that are routinely subject to including women, the homeless, people permanently, citing immense pressure abuse. living in , indigenous groups, and from the government. LGBTIQ. In particular, The Association of South The Pakistan government has severe East Asian Nations (ASEAN) member Almost all ASEAN Member States restrictions and control over freedom of states have responded with a wide have criminalised the dissemination of the press and media imposed through number of measures, including the disinformation or what they consider provisions of government formed entities introduction of new laws and policies. to be ‘fake news’ in offline and online like the National Broadcasting Policy, Cambodia, Laos, Thailand, and the spaces, supposedly as parts of the effort Electronic Media Regulatory Authority and Philippines, instituted state emergency to curb the pandemic. Electronic (Programs and Advertisement) law which gave governments sweeping Code of Conduct. These prevent anyone power. Singapore, Malaysia and Indonesia In Myanmar, artists were arrested for a from airing or publishing content that is did not declare emergencies but instead street painting promoting awareness of deemed derogatory on religious sects, used existing laws and/or introduced the epidemic because authorities argued promotes sectarianism, defamatory specific, non-emergency legislation. that their depiction of the virus resembled or contradicts Pakistan’s ideology and Indonesia, Malaysia and Thailand a Buddhist monk.12 In Cambodia, religious values. The government has utilised contact tracing apps that act as members of the dissolved opposition been continuously placing bans on surveillance for the people’s movement. Cambodia National Rescue Party were 5 editorial arrow for change | vol. 26 no. 1 2020

among those charged under the ‘fake and meaningfully promote and defend Across Asia, online harassment and news’ restrictions.13 In the Philippines, the the universality of freedom of expression cyber-attacks against human rights ‘fake news’ provision in a new law was and freedom of information, violations defenders, especially women human used to target individuals criticising the including censorship, threats, and attacks rights defenders and LGBTIQ, has government’s response to the pandemic.14 must be understood through the eyes become a serious concern.26 Such online In Malaysia, activists were arrested and experiences of women and LGBTQI harassment, conducted by both state for allegedly violating the country’s persons, and the specific and unique and non-state actors against politically movement control order.15 threats must be addressed. active women, creates distress, and Other Southeast Asian countries such as also restrains them from their activism, Singapore, Laos and Vietnam all recorded Tackling oppression and freedom of often leading to self-censorship, and arrests of individuals for allegedly speech can start with provision of reduces their presence online.27 Dubravka spreading ‘fake news’ related to the information on affirmative sexuality.20 Šimonovic, the United Nations Special pandemic. Provision of information helps women Rapporteur on violence against women and LGBTIQ to understand and exercise affirmed that online abuse against Such measures also risk perpetuating their rights; make informed decisions women journalists and women in media structural violence. In Indonesia, where the with regard to their own health and are a direct attack on women’s public LGBTIQ community faces bodies; hold governments to account participation.28 and violence, such restrictions have and challenge injustice, discrimination, become a form of reprisal to target the and oppression; participate in the Part VII: Key Recommendations – community. Ironically, in May, hundreds decision-making that affect their lives.21 • Repeal all laws criminalising people of Jakartans flouted social restrictions to Access to information is an instrument who speak out or protest peacefully. mark the last day of a fast-food outlet.16 that contributes to overcoming gender In addition, articles of the Penal Code The lack of access to necessary and inequality and traditional constraints must be amended or repealed. The reliable information on the virus for the that have historically kept women criminalisation of defamation is in general public also disproportionately disempowered and disenfranchised.22 Key violation of international standards affects the Rohingya refugees in Malaysia, information needed is comprehensive on free expression, which hold that as they have become scapegoats for the sexuality education23 and progressive defamation must be a private matter to disease, reinforcing the systemic and laws to protect against online-based be settled by civil suits. Civil defamation structural discrimination and violence sexual and gender-based violence. Large laws must be proportionate, have a against them.17 social media platforms such as Facebook reasonable severity threshold and avoid should be held accountable to ensure fines, with the exception of very serious Part VI: Freedom of Expression and action in addressing sexual and gender- cases. Defamation and blasphemy – It is evident that the based violence within its community should not be a criminal offence, enjoyment of the freedom of expression guidelines. hence any mention of defamation and and freedom of information- to speak blasphemy within the Penal Code must freely, participate in public debate, report While digital spaces bring about new be repealed in their entirety. the news safely and securely and harness opportunities, they also create new • Restrictions on media workers’ and digital technology- are influenced by sex, forms of threats and violence that publishers’ to cover any issues in the sexuality and gender. As information have a disproportionate impact on manner of their choosing must be lifted. (and expressions) is power, across the women. Globally, it is estimated that The Broadcast Act must be amended world, research and trends show that women were 27 times more likely to to ensure that limitations on foreign being female, or identifying as a woman be harassed online.24 Women activists’ media are lifted, broadcasting licences and/or LGBTQI person, results in a increased engagement in digital spaces are issued by an independent body, and greater likelihood of poverty, oppression, has also ‘exposed them to further Government censorship powers are and exclusion from spheres of public risk of online harassment, smear scrapped. interaction and decision-making.18 campaigns, intimidation and violence • Gender transformative policies to with clear gender dimensions aimed protect women and LGBTIQ’s freedom At times, women and LGBTIQ persons at delegitimising their work to defend of expressions need to be upheld and face online sexual and gender-based human rights,’ said the Women Human implemented. violence; bans on wearing certain types Rights Defenders International Coalition • People should have access to of clothing,19 and more. In order to fully in a statement.25 information, and the power of 6 arrow for change | vol. 26 no. 1 2020 editorial

governments and companies to obtain 7. See for instance International Covenant on Civil and Political coronavirus-malaysia-rohingya/rohingya-targeted-in-malaysia- Rights, Article 4. as-coronavirus-stokes-xenophobia-idUSKBN22Z00K information about individuals and 8. Aung, Thu Thu and Moon, Sam Aung. “Myanmar reimposes 18. See: Article19. https://www.article19.org/issue/gender- organisations must be restricted. internet shutdown in conflict-torn Rakhine, Chin states: telco and-sexuality/. operator.” February 5, 2020. Reuters. https://www.reuters. 19. See: Amnesty International: https://www.amnesty.org/en/ com/article/us-myanmar-rakhine/myanmar-reimposes-internet- what-we-do/freedom-of-expression/. shutdown-in-conflict-torn-rakhine-chin-states-telco-operator- 20. Article19. “Tackling Gender Inequality Through Access Notes & References idUSKBN1ZZ0LC. To Information.” June 2019. https://www.article19.org/wp- 9. Daim, Nuradzimmah. “Over 20,000 arrested for violating content/uploads/2019/05/Transparency-Women-Report-WEB- 1. Barron, Laignee. “It’s Not Just Maria Ressa’s Arrest. MCO since March 18.” April 26, 2020. New Straits Times. FINAL.pdf. Coronavirus Is Accelerating Crackdowns on Press Freedom https://www.nst.com.my/news/nation/2020/04/587646/over- 21. ibid. Across Asia.” June 26, 2020. TIME. https://time.com/5858487/ 20000-arrested-violating-mco-march-18. 22. ibid. coronavirus-asia-press-freedom-maria-ressa/. 10. “Malaysian police raid Al Jazeera’s office, seize computers.” 23. Guttmacher Institute. “Demystifying Dara Toolkit.” 2. ibid. August 5, 2020. AlJazeera. https://www.aljazeera.com/ Guttmacher.org. https://www.guttmacher.org/sites/default/ 3. FORUM-ASIA. “Freedom of Expression under Threat – news/2020/08/05/malaysian-police-raid-al-jazeeras-office- files/report_downloads/demystifying-data-handouts_0.pdf. Perspectives from Media and Human Rights Defenders in Asia”. seize-computers/. 24. Womankind Worldwide. “Breaking the Silence: Endling July 25, 2019. https://www.forum-asia.org/?p=29329. 11. The 88 Project. “Censorship tactics overshadow Vietnam’s Online Violence and Abuse Against Women’s Rights Activists.” 4. “Briefing Paper on the Trend and Trajectory of Repressive successful COVID-19 response.” June 10, 2020. Global November 24, 2018. https://www.womankind.org.uk/docs/ Laws in Asia.” 2019. FORUM-ASIA. https://forum-asia.org/ Voices Advox. https://advox.globalvoices.org/2020/06/10/ default-source/default-document-library/breaking-the-silence- hrlaw/wp-content/uploads/2019/05/Briefing-Paper.pdf; censorship-tactics-overshadow-vietnams-successful-covid-19- policy-briefing.pdf. and Forst, Michel. “World Report on the Situation of Human response/. 25. ibid. Rights Defenders.” December 2018. https://www.protecting- 12. ibid. 1. 26. FORUM-Asia. “Summary Report of the 8th Asian Regional defenders.org/sites/protecting-defenders.org/files/UNSR%20 13. ibid. 2. Human Rights Defenders Forum.” December 19, 2018. https:// HRDs-%20World%20report%202018.pdf. 14. ibid. 3. www.forum-asia.org/?p=27874. 5. “Philippines: Duterte Threatens Human Rights Community.” 15. ibid. 4. 27. Karaman, Semanur. “Online Harassment of Politically-Active August 17, 2017. Human Rights Watch. https://www.hrw.org/ 16. Tehusijarana, Karina. “McDonald’s farewell gathering: The Women: An Overview.” XYZ. https://xyz.informationactivism. news/2017/08/18/philippines-duterte-threatens-human-rights- cost of COVID-19 ‘lies’.” May 13, 2020. The Jakarta Post. https:// org/en/online-harassment-of-politically-active-women- community. www.thejakartapost.com/academia/2020/05/13/mcdonalds- overview/. 6. Buan, Lian. “Duterte’s special powers bill punishes fake farewell-gathering-the-cost-of-covid-19-lies.html. 28. Human Rights Council. “Human Rights Council holds Panel news by jail time, up to P1-M fine.” March 24, 2020. Rappler. 17. Ananthalakshmi, A. and Latiff, Rozanna. “Rohingya targeted discussion on online violence against human rights defenders.” https://www.rappler.com/nation/duterte-special-powers-bill- in Malaysia as coronavirus stokes xenophobia.” May 23, June 21, 2018. OHCHR. https://www.ohchr.org/AR/HRBodies/ coronavirus-fines-fake-news. 2020. Reuters. https://www.reuters.com/article/us-health- HRC/Pages/NewsDetail.aspx?NewsID=23248&LangID=A.

spotlight

By Shubha Kayastha FEMINISTS NAVIGATING DIGITAL Executive Director, Body and Data SPACE AND COUNTERING Email: [email protected] TECHNOLOGY ‘ENABLING’ VIOLENCE

“Pothi baseko ramro hoina” (it is not voices have always been able to find Narratives of women, queer good if the she-hen crows) is a popular small cracks in these systems to express people and other marginalised idiom in Nepali society used to silence themselves and share their stories, and communities are powerful tools women’s voices. This old saying is deeply struggle constantly against the dominant rooted across policies, institutions and narrative. that build communities and social norms that make it challenging strengthen movements. for those who are marginalised by the Narratives of women, queer people and heteronormative, patriarchal and caste- other marginalised communities are justice movements are increasingly ist system to express their opinions powerful tools that build communities engaging in digital spaces for freely and openly. Stepping out of the and strengthen movements. Internet mobilisation and lobbying, in addition set boundary could mean harm and technology has brought change in the to sharing information about their work violence inflicted upon them by those systems of knowledge production and and raising awareness. Despite these who gain from conserving the status-quo. has provided space to those traditionally advancements, digital spaces however However, these marginalised deprived of such opportunities. Social are not free from the realities of the 7 spotlight arrow for change | vol. 26 no. 1 2020

offline world as it mirrors the power content itself is seen as obscene and of women and girls are thus controlled by structure and hierarchy based on caste, victim blaming is blatant. However laws and social norms when it comes to class, gender identity, sexual orientation, unsolicited pictures of male genitalia accessing and using digital technologies. geography, disability status, etc. received without consent are easily perceived as a norm.5 Such laws infringe Tech Design And Infrastructure. Selective Expression. Feminist and on one’s legitimate sexual and political While we see digital spaces as a queer activists not only bear the brunt of expression6 and right to participate significant area to express ourselves targeted digital threats and harassment, actively as citizens as authorities and access information, something that but they are also the ones leading the have sweeping power to interpret the is invisibilised to most is the power struggle against the online violence regulations. structure within these platforms and how against them and their communities. technology is built in the first place. The In a study1 conducted in Nepal among In a study conducted in Nepal constant fights against online violence sexual and gender rights advocates, among sexual and gender rights and advocating for inclusive legal and 88% of respondents reported having justice reforms will bring sustainable advocates, 88% of respondents witnessed someone being subjected change only if the digital technologies to violence on the internet and 52% reported having witnessed are built and run ethically to protect of respondents have experienced such someone being subjected to everyone’s rights online. violence themselves. Among those violence on the internet and 52% Digital technology in today’s age who have experienced violence online, of respondents have experienced it is disproportionately higher among holds a lot of power in society and women, queer individuals and Dalit such violence themselves. it is foundationally social.12 Thus, the women. There are also bots and paid infrastructure and design of technology accounts that exist online to attack and Arbitrary censorship of internet content is already biased on the basis of race, troll activists, feminists and progressive stems from patriarchal and protectionist sexuality, gender, ability, etc. Even thinkers. Such attacks are personalised notions to counter gender-based when they are designed for social good, and their sexuality and bodies are violence against women and children. they can be used beyond the intended used as battle grounds. The targeted In 2018, the Nepali government, in purpose. For example, a review of 50 online violence reflects the structural response to a demand from citizens safety apps developed in India showed violence and culture2 we live in. Online to find the perpetrator of a rape case, that due to their lack of privacy policies violence can cause psychological harm, banned online porn. Such censorship the apps are being used as a surveillance social isolation, economic loss, limited and regulation of digital spaces not only tools on women’s mobility by the mobility, self-censorship,3 and in some curtails one’s freedom of expression and law enforcement agencies, thus, instances it translates to physical and and right to information related to sex compromising their privacy.13 self-inflicted harm. However, when direct and sexuality,7 but also promotes a physical harm is not visible, the legal false sense of security. Similarly, young . . . something that is invisiblised system, including the police and the girls have been banned from using cell to most is the power structure 8 9 courts, makes it difficult for the victims/ phones in villages in Nepal and India within these platforms and survivors to access justice. either as a response to curb early and child or as a claim on how how technology is built in the Policy mapping of laws around online they are not “good for them” and are first place. The constant fights violence in Nepal by Body & Data distracting girls from . There against online violence and show provisions are ambiguous which is anxiety induced among and advocating for inclusive legal criminalises behavior that might be society that young people will find their and justice reforms will bring deemed ‘obscene’, ‘vulgar’, ‘indecent’ possible romantic partners online along and ‘improper’. The laws overlook with a fear of them meeting predators.10 sustainable change only if the consent as a factor and criminalises Thus, online behavior for young people digital technologies are built online behavior including sexual is continuously policed and surveilled and run ethically to protect by the men and elders in the family11 in expression which can potentially backfire everyone’s rights online. on the victim/survivor.4 Someone the name of their safety and with the possessing a nude picture even with purpose of preserving the ‘purity’ within consent will still be criminalised as the the caste system. Agency and autonomy 8 arrow for change | vol. 26 no. 1 2020 spotlight

The system shows little to no Despite the realisation of the need of mechanisms. The key to making sure accountability to provide digital security and literacy to protect that online spaces are safe, secure, and activists from digital threats, feminists free of violence also falls under the users feminists and queer activists and activists in the developing countries by making sure we respect each other’s with safety and protection lack such skills. Most of the times these freedom of expression, boundaries and measures. It instead imposes the skills are not communicated according consent in both digital and physical protectionist idea of ‘morality’ to their needs and is often frightening spaces. 15 and ‘decency’ and infringes on and technically confusing. There is a need for fun and pleasure centric digital their freedom of expression and security teaching where activists can sexual expression. have agency in what they are learning. Notes & References

Conclusion. The power structures and 1. Nepal, I. The Internet and Sexual Expression: Exploring the Online violence, like offline Usse of the Internet Among Gender Equality and Sexual Rights violence, is looked at from a injustices of society are reflected in Advocates in Nepal. 2017. LOOM: . digital spaces. While feminists and queer 2. Lim, S. Breaking Online Gender-based Violence. 2018. GenderIT. https://www.genderit.org/articles/breaking-online- unidimensional approach activists are attacked and harassed gender-based-violence. that includes perpetrators and in digital spaces merely based on 3. Association for Progressive Communication. Online gender-based violence: A submission from the Association victims/survivors. their identity, values and opinion, it is for Progressive Communications to the United Nations benefiting the very platforms that we Special Rapporteur on violence against women, its causes and consequences. 2017. APC. https://www.apc.org/sites/default/ use to express ourselves. The system files/APCSubmission_UNSR_VAW_GBV_0_0.pdf. Social media platforms create ‘echo shows little to no accountability to 4. Body & Data. Policy paper: Information Technology bill chambers’ shaped by algorithms which provide them with safety and protection from a feminist lens. https://files.bodyanddata.org/nextcloud/ index.php/s/WCRo3DL6XcBGLiJ. provide us with a fabricated sense of measures. It instead imposes the 5. Dutta, B., et all. Guavas and Genitals, A Research Study choice to decide what we consume in our protectionist idea of ‘morality’ and in Section 67 of the Information Technology Act. 2018. Point of View, India. https://itforchange.net/e-vaw/wp-content/ (social media) feeds, whereas in reality, ‘decency’ and infringes on their freedom uploads/2018/01/Smita_Vanniyar.pdf. they are benefiting platform owners of expression and sexual expression. 6. ibid. 7. Kayastha, S. The Problems with Porn Ban in Nepal. 14 through targeted advertisements. Online violence, like offline violence, 2018. The Record Nepal. https://www.recordnepal.com/ As such, social media platforms can is looked at from a unidimensional perspective/policing-sexuality-porn-ban-in-nepal/. 8. Pradesh 2: Abibahit Kishori wa Yuvatile Mobile Bokna influence people’s opinions by creating approach that includes perpetrators and Napaun (Federal State 2: Unmarried Adolescent Girls and the bubbles depending on their social victims/survivors. Different stakeholders Women are Banned from Using Mobile Phones). March 18, and economic status, political opinion, around the ecosystem of the internet 2020. EUNewsBureau. http://enewsbureau.com/news- details/6503/2020-03-18. location, etc. Algorithms are designed including policy makers, law enforcement 9. Chauhan, Arvind. Panchayat Bans Mobile Phones to pick the most engaging topics agencies, tech giants and the civil society among girls. February 20, 2016. Times of India. http:// timesofindia.indiatimes.com/articleshow/51060339. including conversation on gender-based need to understand the complexity and cms?utm_source=contentofinterest&utm_medium=text&utm_ violence as it generates high traffic and nuances around it to share their portion campaign=cppst. 10. Lingam, L., & Bhallamudi, I. Smartphones and Gender engagement rate. When there is more of accountability so as to make digital Fault Lines: How are Adolescent Girls and Young Women engagement such as ‘likes’, ‘shares’ spaces safe, just and accessible for Navigating? Imagine a feminist internet: South Asia. 2019. pp. 17-23. and comments, there is more data everyone. 11. Opcit i. generated, which are further compiled 12. West, S.M. Racism and Sexism in AI Technology? for profit. The compiled data is used to Though online harm can be prevented Navigating Systems of Power with Sarah Myers West. 2020. The Radical AI Podcast. https://podcasts.apple.com/np/ polarise opinion, again profiting these or minimised by promoting safer digital podcast/racism-sexism-in-ai-technology-navigating-systems- platform owners. Now let’s imagine the practices among the users and by power/id1505229145?i=1000473014038?i=1000473014038. 13. Ranganathan, Nayantara. A Handy Guide to Decide social media feed of anti-feminists and strategising steps to be taken when How Safe That Safety App Will Really Keep You. February queerphobic persons and what this does incidents happens, there needs to be 2017. GenderingSurveillance. https://genderingsurveillance. internetdemocracy.in/safety-app/. to the narrative we are trying to put a holistic approach. The infrastructure 14. Kee, Jac sm, (in collaboration w Jaafar J). Narrating and forward. There is already a struggle to of the platforms needs to be changed Challenging Gender Norms on Social Media in Asia. 2020. For access: [email protected]. bring attention to the feminist cause, and to counter online harassment against 15. Radloff, Jennifer. Embedding Digital Security in Feminist the design of these algorithms highlights people, and tech platforms need to Movement Building. June 21, 2018. OpenGlobalRights. https:// certain voices and silences others. ensure accountable and ethical reporting www.openglobalrights.org/embedding-digital-security-in- feminist-movement-building/. 9 editorialspotlight arrow for change | vol. 26 no. 1 2020

By Wai Wai Nu “RAPE HER”: Gendered Hate Speech Founder and Director, Women Peace Against Rohingya Women Network and Rin Fujimatsu Advocacy Director, Progressive Voice

Five years have passed since the National A year later in 2019, a small African League for Democracy (NLD) in Myanmar country, The Gambia, filed a case against won the general elections in a landslide Myanmar at the International Court of Other ethnic and religious minorities, victory. With decades of an influential Justice (ICJ) for violating the Genocide particularly those in armed conflict areas pro-democracy movement led by Daw Convention.3 Citing the IIFFMM report, such as the Kachin and Rakhine, have Aung San Suu Kyi at their backs, and a The Gambia featured hate speech in its also been victims of such hate speech. repudiation of the military dictatorship, oral arguments, noting that Myanmar’s The Myanmar government has not what should have been a turning genocidal intent is evidenced by its displayed any genuine political will to point in Myanmar’s transition towards “tolerance for public rhetoric of hatred combat this institutionalised hate speech democracy has turned to dismay. It has and contempt for the Rohingya.” In and at times has been complicit in spiraled into uncontrollable hate speech, January 2020, the ICJ granted The advocating national, racial or religious emboldening of ultranationalism, grave Gambia’s request for provisional hatred and narratives that drive human rights violations, escalation of measures, ordering Myanmar to take all discrimination and tear away at social armed conflict, further restrictions on measures within its power to prevent cohesion.5 freedom of expression and flagrant anti- any acts that contribute to genocide, to minority discrimination, reminiscent of avoid destroying evidence, and to submit Worse yet, the Myanmar government has the hallmarks of repressive military rule. a periodic report on measures it has made no attempts to amend or abolish The epitome of the decline in human taken.4 discriminatory laws that disenfranchise rights is the genocide committed against the rights of Rohingya, including the 1982 the Rohingya, with virulent hate speech The use of hate speech to incite Citizenship Law that deny Rohingya their as a significant contributor to the atrocity rights as citizens of Myanmar, and helps crimes. violence against “the Other” is to portray them as foreign immigrants. not a new phenomenon. It was a The use of hate speech to incite precursor to genocide in Bosnia Constructed narratives of hate speech violence against “the Other” is not a and Rwanda, and once again often focus on portraying Islam as new phenomenon. It was a precursor a “violent” foreign religion that will to genocide in Bosnia and Rwanda, and in Myanmar where Rohingya overpower Buddhism in Myanmar. once again in Myanmar where Rohingya were characterised as an A strong military is maintained in were characterised as an existential and existential and external threat protecting the nation against these external threat to Myanmar, branded to Myanmar. perceived threats and national unity. as immigrants and terrorists who posed Those who may question or challenge a “threat to Burmese racial purity” these narratives are branded as “race and “Buddhist religious sanctity”.1 While the ICJ hearings have drawn traitors” who equally threaten the Unfortunately, the promise of “never attention to the rampant rights abuses, sanctity and security of the nation. These again” rang hollow as little action was far less attention has been paid to narratives are ultimately interlinked taken to stop the vitriol and hate against the root causes of hate speech. Hate to, and reinforce, the status quo of the Rohingya in Rakhine State in 2017. One speech against Muslims in general, majority ethnic Burman and Buddhist year later in 2018, the UN Independent and Rohingya in particular, has long dominance that has been systematically International Fact-Finding Mission on been systematically promoted and promoted and perpetuated by previous Myanmar (IIFFMM) found “reasonable disseminated by powerful interests, military regimes for decades and is now grounds to conclude” that members including the military, religious leaders, uncontested by the NLD government. of Myanmar’s military and security businesses, ultranationalists and other forces had committed acts of genocide maligned actors, who benefit from these These narratives intersect with gender, and other atrocity crimes against the constructed hate-narratives and resulting often painting non-Muslim women as Rohingya.2 division and conflict in society. vulnerable and in need of protection, 10 arrow for change | vol. 26 no. 1 2020 spotlight

particularly from the predatory attacks instances, the attacks would involve unchallenged as the government has of Muslim men who seek to convert the use of misinformation, falsification not taken action to prevent hate speech them and their children. Muslim women, and mischaracterisation of personal and hold perpetrators to account, HRDs, on the other hand, face multiple forms information to draw links between Wai activists and journalists who are critical of hate speech that lie on varying Wai Nu and the NLD, portraying the NLD of the government and military are axes of discrimination based on their as supporters of Rohingya, and thus race charged, jailed and sentenced under gender and religion and are usually and national “traitors”. domestic laws that are weaponised targeted as destroyers of Buddhist against them and their freedom of religion. For Rohingya women, this is Many women, particularly HRDs, activists expression.11 further compounded by their identity as and journalists who speak out about the Rohingya. rights of minorities, and in particular the International accountability processes Rohingya, continue to be targets of hate are not a panacea to ending hate speech. The multiple, compounded and speech and branded as “race traitors”. However, the process continues to intersectional against Khin Ohmar, a Burmese women HRD and provide records of grave human rights Rohingya women manifest themselves a founder and Chairperson of Progressive violations that help to shed light on in some of the most heinous violence Voice who vehemently defends the contested narratives that are at the root against women. During the 2017 rights of Rohingya and champions human of hate speech. Gendered narratives of “clearance operations”, Myanmar rights for all in Myanmar, is a frequent hate intersect with race and religion and military and security forces reportedly target of hate speech. During her most act as a source to further fuel Buddhist- hurled derogatory insults such as recent intervention at the 45th Regular Burman dominance and their status “Bengali bitch”6 at Rohingya women Session of the Human Rights Council quo which has been emboldened by that specifically targeted their status in September 2020, she was a target of decades of military rule – this must be as Rohingya while they beat and raped such hate speech, including being called meaningfully dismantled. them.7 Despite overwhelming evidence “Kalar’s ”. of the military’s use of rape as a weapon Thus, it is imperative that all of war, State Counselor’s Facebook page While the NLD and Daw Aung San Suu accountability processes ensure that described testimony of sexual violence Kyi have been complicit in the denial, women and girls experience of online survivors as “Fake Rape”, stoking further obfuscation and distortion of Rohingya and offline gender-based violence are hatred towards Rohingya. identity and crimes committed against central and of omnipresent concern. This them, she too has been a target of the includes the ways in which hate speech The co-author of this piece, Wai Wai deeply ingrained racist and patriarchal has been specifically aimed and targeted Nu, as an outspoken Rohingya women gender discrimination that has been against Rohingya women and girls and human rights defender (HRD), has systematically promoted and politically those who have worked to defend their frequently experienced violent threats deployed by the Myanmar military rights. Gender dynamics that underpin and online gender-based violence. and ultranationalists. In criticising the grave crimes committed against Multiple campaigns that included over Daw Aung San Suu Kyi for choosing Rohingya must never be overlooked and 1,000 ultranationalists and groups likely to marry a white man, the military and treated equally under international law. related to the military have attacked ultranationalists have deployed the use More urgently and specifically, concerted Wai Wai Nu online, using fake news and of the word kala-phyu, or “white kalars,” effort by the international community is misinformation to defame and humiliate (referring to Europeans and Caucasians) needed to ensure that Myanmar takes its her. Some derogatory posts have been throughout her political career in the ICJ provisional measures order seriously shared by over 10,000 Facebook users. 1990s.9 and act to halt genocide. Countries Comments on public posts and private must live up to their own obligations to messages she received accompanied Hate speech against women not only prevent genocide and ensure that ICJ incitement to violence, including infringes on women’s right to self- measures are enforced, so that conditions comments such as “rape her” and “I determination and bodily integrity, but improve in Myanmar for the over a want to kill her”. These online forms also leads to self-censorship, limits million Rohingya who have fled waves of of gender-based violence frequently their ability to craft their own online violence over decades to be able to one reference her religion and identity as identities, and to engage in discussions day, safely return home without fear of Rohingya, using derogatory words meaningfully without fear.10 In addition, being targeted by the visceral hate that is such as “Bengali” and “Kalar”.8 In some while impunity for hate speech remains still so prevalent in Myanmar today. 11 spotlight arrow for change | vol. 26 no. 1 2020

Notes & References 5. 19 Civil Society Organizations. ‘Hate Speech Ignited: BurmaLibrary. https://www.burmalibrary.org/reg.burma/ Understanding Hate Speech in Myanmar’. December 8, 2017. archives/199610/msg00124.html; Renaud Egreteau, ‘Burmese 1. Human Rights Council, ‘Report of the detailed findings of the ProgressiveVoiceMyanmar. https://progressivevoicemyanmar. Indians In Contemporary Burma: Heritage, Influence, And Independent International Fact-Finding Mission on Myanmar’. org/2020/10/08/hate-speech-ignited-understanding-hate- Perceptions Since 1988’ (2011) 12 Asian Ethnicity. September 17, 2018. UN Doc. A/HRC/39/CRP.2. speech-in-myanmar. 10. Association for Progressive Communications (APC). ‘Online 2. Ibid. 6. “Bengali” is a derogatory term used to paint Rohingya as Gender-Based Violence: A Submission from the Association 3. International Court of Justice. ‘Application Instituting foreign interlopers from Bangladesh. For Progressive Communications to the United Nations Special Proceedings and Request for Provisional Measures’. 7. Human Rights Watch. ‘Burma: Security Forces Raped Rapporteur on Violence Against Women, Its Causes and November 11, 2019. https://www.icj-cij.org/public/files/case- Rohingya Women, Girls’ February 6, 2017. https://www.hrw. Consequences’. November, 2017. https://www.apc.org/sites/ related/178/178-20191111-APP-01-00-EN.pdf. org/news/2017/02/06/burma-security-forces-raped-rohingya- default/files/APCSubmission_UNSR_VAW_GBV_0_0.pdf. 4. International Court of Justice. ‘Application of the Convention women-girls. 11. Freedom of Expression Activist Organization, ‘Analysis on the Prevention and Punishment of the Crime of Genocide 8. “Kalar” is a derogatory term used to describe Muslims and On Freedom Of Expression Situation In Four Years Under The (The Gambia v. Myanmar)’. January 23, 2020. https://www. people of Indian descent or dark-skinned Asians. Current Regime’. May 2, 2020. AthanMyanmar. https://www. icj-cij.org/public/files/case-related/178/178-20200123-SUM-01- 9. Pe Kan Kaung, ‘Suu Kyi Accused Of Using Father’s athanmyanmar.org/analysis-on-freedom-of-expression-situation- 00-EN.pdf. Good Name’ The New Light of Myanmar.’ October 10, 1996. in-four-years-under-the-current-regime/.

By Nana Abuelsoud LIP SYNC TO JAIL Researcher, Egyptian Initiative for Personal Rights Email: [email protected] In March, our world turned on its herself asking for help after being raped 2 head when the novel coronavirus was and beaten. She then found herself and Sandy Abdelmessih declared a pandemic by the World a defendant, accused of undermining Advocacy & Partnerships Officer, Love 1 Health Organization. In Egypt, with Egyptian Family Values because of her Matters Arabic much uncertainty stemming from how a TikTok content.3 It was the first time we Email: [email protected] handshake could transmit the virus within noticed that wording from a legislation such a short amount of time, women that has been around since 2018; Egyptian from low-income backgrounds began Family Values.4 To this day, there has been to risk their lives by documenting social no legal interpretation of what this vague cybercrime law restricts freedom of isolation through the use of lip-sync apps. term entails. expression and enables extreme Following this, a handful of these women online surveillance and moral policing. TikTokers were sent to jail under the guise According to the Middle East Most significantly, Article 25 of the law of protecting “Egyptian Family Values”. Monitor, several lawmakers stipulates that anyone who posts online Public conversations around class became and politicians have called for content that “violates the family principles clearer when these women were charged and values upheld by Egyptian society” for immorality, while upper class women increased online surveillance to could face charges ranging from a minimum continued using the internet without moral prevent young people, especially of six months of imprisonment and/or policing and punishment, a right that women, from misusing some a fine of EGP50,000–100,000, which, so should be granted to all women without apps to undermine public far, has been used primarily to regulate discrimination. bodies, online presence, and sexuality.7 morals and breaching social According to the Middle East Monitor, Our jaws dropped reading through the norms. several lawmakers and politicians have number of charges against the women. called for increased online surveillance The commonality of the applications, Law No. 175 of 2018, The Anti-Cyber and to prevent young people, especially mainly TikTok and Instagram, where Information Technology Crimes Law, which women, from misusing some apps to they cultivated large audience bases and is Egypt’s first cybercrime legislation,5 undermine public morals and breaching generated income, was what brought them was ratified in 2018. The law is considered social norms.8 In contrast, Massar, a together, other than being women to be controversial as it extends the group of lawyers and technologists, have from a lower class. Over a span of three state’s power to monitor online speech issued a defense memorandum to explain months, ten women were charged with and expression. Similarly, a new media why Article 25 of the law is considered violating Egyptian Family Values, inciting regulation6 allows authorities to monitor unconstitutional as it violates the right to immorality and debauchery. One of personal websites, social media accounts freedom of speech which is granted by the them, 17-year-old Menna Abdel Aziz, was and blogs with 5000 followers or more. Egyptian constitution, among many other arrested after posting a video of There are many reasons why this constitutional texts.9 12 arrow for change | vol. 26 no. 1 2020 spotlight

Furthermore, the public prosecutor short videos and live streaming application for vaunting wealthier internet users.20 ordered the launch of a new unit for Social which monetises virtual gifts exchanged For the first time outside of theoretical Media Monitoring in November 2019.10 between its guests and influencers. In confinements, the overdue public feminist This was followed by a controversial order to charge the public opinion against discussions of class became associated with announcement in May 2020, stating that Haneen, her invitation was interpreted TikTok cases after decades of negligence. the cyber sphere is now considered a as a call for online sex work by male Despite its glaring impact on our daily lives, fourth border, in addition to land, air and YouTubers. Accordingly, Cairo University class only used to be discussed from a sea, and thus needs “radical changes to made an announcement13 of an internal privileged standpoint and only in terms of the legislative policy” to maintain national investigation for challenging public morality how much money someone had. Affluence, security and protect society from “forces because Haneen promoted a profitable opportunities, foreign languages, economic, of evil”. The announcement ends with a online gig to young women. Similarly, digital and political literacy, and social justification to assert national security Mawada El Adham has been accused of capital were not considered. through regulating women’s bodies: “Are breaching the COVID-19 curfew, which was not invitations for entertainment how the theme of one of her TikTok videos.14 However, public discussions on class immorality is promoted! Do not girls fall Additionally, her leaked photos from two took a turn when online storms whirled victims of prostitution by abuse of their years ago were used against her during (gang) rape accusations against wealthier vulnerabilities and social need!”.11 police investigations into the charges of perpetrators as was the case with her provocative online presence, as well the serial rapist Ahmed Bassam Zaki21 But what fueled the TikTok crackdown? as private chat from her confiscated phone following the horrific Fairmont gang rape Ashraf Farahat, a lawyer, kicked off a that was classified as “inappropriate”. In crime22, when groups of upper-class moralistic campaign and called it, “Let’s July 2020, the first court verdict, relying sextorted women came forward with rape wipe it clean”.12 Through this campaign he on Article 25 of the Law No. 175 of 2018, testimonies which pointed at men abusing reported women TikTokers to the Public was used against Hossam and Al Adham.15 their power and influence over them. For Prosecution based on videos produced They were charged with two years of weeks after, online spaces were flooded mostly by men via their YouTube channels. imprisonment and a fine of EGP300,000.16 with the testimonies, and even personal The male YouTubers attacked original information of witnesses and victims/ content by female TikTokers through Furthermore, the Public Prosecution survivors. Simultaneously, women who reaction videos on YouTube. The attack responded to submitted reports by came forward had their names pushed up videos posted corresponded to the dates lawyers participating (in)directly in the to the top searches on porn websites. of submitted reports through the campaign “Let’s wipe it clean” campaign. Across all that Farahat started. In all of the male the TikTok cases, the Public Prosecution To sum up, it comes as no surprise that the YouTubers’ reaction videos, they mocked responded with heavily toned, overly feminist campaigning against the TikTok women TikTokers’ content by framing parental protectionist statements,17 calling crackdown made strong connections it as overly sexual and inappropriate, on families to watch over their children’s to the massive wave of exposing sexual arguing that the content lacked purpose, screens and threatening punishment to all violence which was provoked by the cases and therefore was an unjustifiable means foreign behaviors destabilising Egyptian of Zaki and Fairmont. The class divide was for making profit. By going through the Family Values. highlighted in how the upper-class victims reaction videos which those men produced, of sexual violence in the Zaki and Fairmont it became clear how they were building a On July 13, 2020, a campaign calling for the cases received official support from the virtual base from mocking the women’s release and freedom of TikTok women took National Council for Women, but the lower TikTok content. This is the running theme off via #freetiktokwomen18 which launched class female TikTokers were abandoned and through their YouTube videos, out of which an online petition19 soliciting signatures and looked down upon. These connections work they are creating a large viewership and, empathy, as well as called on the National to articulate the regulation of women’s ironically, making money. Council for Women to provide legal support bodies online and offline within the wider for the detained women. The campaign frame of structural sexual violence against To illustrate, a public uproar scrutinising highlighted the classist targeting of lower- women. This massive public attack on the daring invitation from TikTok celebrity, class women and dared to avert misogynist women over the past few months makes Haneen Hossam, erupted when she posted social norms. The campaign drew on the it imperative to understand and address an Instagram story inviting women who class divide between TikTok and Instagram, the intersection of class and sexuality with were going through economic hardships primarily on how the former attracted lower violence against women in Egypt. because of COVID-19, to join Likee, a free class users and the latter is a platform 13 spotlight arrow for change | vol. 26 no. 1 2020

Notes & References https://afteegypt.org/en/digital_freedoms-2/2018/06/20/15358- 16. Egyptian Streets. “Two TikTok Influencers Sentenced to afteegypt.html. Two Years in Prison for Violating Family Principles.” July 27, 1. WHO. WHO Director-General’s Opening Remarks at the Media 7. Ibid 4. 2020. https://egyptianstreets.com/2020/07/27/two-tiktok- Briefing on COVID-19. World Health Organization. March 11, 2020. 8. Middle East Monitor. Calls in Egypt for Censored Social influencers-sentenced-to-two-years-in-prison-for-violating- https://www.who.int/dg/speeches/detail/who-director-general- Media After Arrests of TikTok Star, Belly Dancer. April 28, 2020. family-principles/. s-opening-remarks-at-the-media-briefing-on-covid-19---11-march- MEMO. https://www.middleeastmonitor.com/20200428-calls-in- 17. Egyptian Public Prosecution. May 30, 2020. https://www. 2020#:~:text=WHO%20has%20been%20assessing%20this,to%20 egypt-for-censored-social-media-after-arrests-of-tiktok-star-belly- facebook.com/ppo.gov.eg/photos/pcb.3017652251675990/3 use%20lightly%20or%20carelessly. dancer/. 017652188342663/. 2. Egyptian Initiative for Personal Rights. After Her Detention for 9. “Masaar: The Crime of Assaulting the Values of the Egyptian 18. #freetiktokwomen. n.d. https://twitter.com/hashtag/%D Four Days and Interrogation as a Suspect, the Egyptian Initiative for Family is Unconstitutional”. August 17, 2020. Technology and 8%A8%D8%B9%D8%AF_%D8%A7%D8%B0%D9%86_%D8 Personal Rights Calls for the Immediate Release of Menna Abdel Law Community. https://masaar.net/en/massar-the-crime-of- %A7%D9%84%D8%A7%D8%B3%D8%B1%D8%A9_%D8%A Aziz and the Dropping of All Charges Against Her. May 30, 2020. assaulting-the-values-of-the-egyptian-family-is-unconstitutional/. 7%D9%84%D9%85%D8%B5%D8%B1%D9%8A%D8%A9?f= .live ماعلا بئانلا“ . Kassem, Ibrahim, and Omnia El Mogy. 2019 EIPR. https://eipr.org/en/press/2020/05/after-her-detention-four- 10. //:Free Egypt’s TikTok Women. 2020. Change.org. https .19 ”.نينطاوملا عم لعافتلل ىعامتجالا لصاوتلاو مالعإلل ةرادإ ئشني .days-and-interrogation-suspect-egyptian-initiative-personal 3. Menna Abdel Aziz was released on September 16, following Youm7, November 12, 2019. www.change.org/p/free-egypt-s-tiktok-women. an order from the public prosecution office. https://eipr.org/en/ 11. Egyptian Public Prosecution. May 2, 2020. https://www. 20. Perera, Sachini, and Minoli Wijetunga. How TikTok is a press/2020/09/after-menna-abdel-aziz%E2%80%99s-release-and- facebook.com/ppo.gov.eg/photos/a.2000327433408482/ Platform for Performance and Play for Women in Sri Lanka. prosecutions-decision-there-are-no-grounds. 2949414451833104. May 10, 2019. GenderIT. https://www.genderit.org/articles/ .n.d. https://www.facebook.com/hashtag/%D how-tiktok-platform-performance-and-play-women-sri-lanka .فظنت_اهيلخ# .Sadek, George. Egypt: President Ratifies Anti-Cybercrime 12 .4 Law. Library of Congress. October 5, 2018. Library of Congress. 8%AE%D9%84%D9%8A%D9%87%D8%A7_%D8%AA%D9%8 21. Egyptian Streets. 2020. “Accused Sexual Predator https://www.loc.gov/law/foreign-news/article/egypt-president- 6%D8%B8%D9%81. Ahmed Zaki Confesses to Blackmail, Intimidation: Egyptian ratifies-anti-cybercrime-law/#:~:text=(Oct.,al%2DSisi%20 13. Tayea, Hassanin. “Hanin Hossam” Faces Charges over Public Prosecution.” July 7, 2020. https://egyptianstreets. ratified%20Law%20No.&text=The%20Law%20also%20bans%20 Inappropriate TikTok Video. April 20, 2020. Sada Elbalad English. com/2020/07/07/accused-sexual-predator-ahmed-zakis- the,criminalizes%20hacking%20into%20information%20systems. https://see.news/cairo-univ-refers-tiktok-girl-to-investigations- victims-include-a-child-egyptian-public-prosecution/. 5. The Tahrir Institute for Middle East Policy. 2018. Cybercrime over-inappropriate-video/. 22. Mada Masr. 2020. “Complaint filed with National Council Law. https://timep.org/wp-content/uploads/2018/12/ 14. mawadaeladhm. n.d. TikTok. https://www.tiktok.com/@ for Women over 2014 gang rape at Fairmont hotel.” August 5, CybercrimeEgyptLawBrief12-18-2018.pdf. mawadaeladhm. 2020. https://www.madamasr.com/en/2020/08/05/feature/ 6. Freedom of Thought and Expression Law Firm. Egyptian 15. Human Rights Watch. Egypt: Spate of ‘Morality’ Prosecutions politics/complaint-filed-with-national-council-for-women-over- Parliament Approves Cybercrime Law Legalizing the Blocking of of Women. August 17, 2020. HRW. https://www.hrw.org/ 2014-gang-rape-at-fairmont-hotel/. Websites and Full Surveillance of Egyptians. 2018. AFTE Egypt. news/2020/08/17/egypt-spate-morality-prosecutions-women.

By Gayatri Khandhadai EQUAL BEFORE GOD?: Asia Policy Regional Coordinator, Women and the Right to Freedom Association For Progressive Communications Email: [email protected] of Religion

Discussing religion is seldom an easy task provide space for considered opinion not applicable to men. In many cases, with differing opinions around the table. generation. Reactionism, especially on religious texts and their interpretation This is just as true, if not more so, on the issues that deeply relate to identities of point to discriminatory thinking internet. The internet and other information individuals, ultimately results in hateful propounding the need to “protect” the and communications technologies (ICTs) messaging. Lines are drawn and limits of bodies and “morality” of women. On the have become an integral part of our tolerance for what is acceptable become internet, it becomes nearly impossible lives, and numerous aspects of our daily subjective. This is particularly a challenge for women to express themselves on functioning largely intersect with online in Asia, where most countries have issues relating to religion affecting our spaces. Online platforms, more particularly diverse ethnic and religious communities. autonomy and bodies without attracting social media, have provided an alternative Religion, caste and ethnicity are central to violence. The message is clear—women medium for not only expression of opinion, mainstream political structures, and the are welcome to talk about religion as long but finding spaces and people who are polarisation is palpable around elections or as it furthers and glorifies the majoritarian seeking answers to questions that trouble other key democratic moments. version of it. Men who disagree with us. These discussions and alternative these discriminatory beliefs are also viewpoints or life stories may otherwise be Often times, groups that are invisibilised subjected to violence. This is evident difficult to find in traditional offline spaces. by religion have the least say in how from a recent instance in India where Thol religious practices and beliefs should Thirumavalavan, a prominent Dalit leader, The downside of engaging with play out. Women, across all prominent pointed out the misogyny in Manusmriti, conversations about religion remains the religions, are viewed as second-class a Hindu text.1 He was subjected to vile swiftness of response, which does not citizens to be governed in a manner that is online bullying and a criminal case has 14 arrow for change | vol. 26 no. 1 2020 spotlight

been registered against him for supposedly Strategy and Plan of Action on Hate few years has been done in the name making derogatory remarks on the Speech7 addresses communication in of religious morality, with the websites religious text.2 speech, writing or behaviour that attacks being termed “un-Islamic”.10 Women- or uses pejorative or discriminatory led organisations like Sisters in Islam The conflation of religion, culture and language with reference to a person or have received fatwas and seizure orders morality is used to control how women a group on the basis of gender. Further, for their work and writings deemed as must live and behave in the interest of in his most recent report, the UN Special being against the teachings of Islam.11 the larger society. Discriminatory and Rapporteur on freedom of religion or belief Maryam Lee in Malaysia was subjected harmful practices perpetrated in the analysed the relationship between religion to online bullying and state-sponsored name of religion or culture include female and gender equality.8 It is an encouraging legal harassment for her book Unveiling genital mutilation, the denial of free choice sign that the report brings to light the Choice on her journey to abandoning the in marriage or divorce, stigma around problems with religious validation of these head scarf.12 The Aurat March in Pakistan abortion, prevention of entry into places discriminatory practices and calls on states demanding gender equality has been of worship, and outright killing for sexual and religious leaders to take steps to attacked online and offline.13 Shakthika “impropriety”. The rhetoric is ingrained in remedy this. Sathkumara was arrested in Sri Lanka over our minds through education, arts, politics his novel about a gay Buddhist monk.14 and familial discourse to a point where The conflation of religion, In 2010, Sri Lankan author Sarah Melanie support for these practices also stems culture and morality is used to Perera was arrested for her book speaking from other women, as was seen in the about her conversion to Islam from “Ready to wait” campaign in India.3 control how women must live Buddhism.15 and behave in the interest of the Although this conditioning is centuries larger society. In the meantime, personal laws in the old, it is only in recent times that the region seek to further control women, such experiences of women in the context of While the International as the Buddhist Women’s Special Marriage religion have been explored in relation Law in Myanmar, which places absurd to their right to freedom of religion or Covenant on Civil and Political constraints on women including the need belief. Until a few years ago, the United Rights prohibits advocacy to obtain consent from their parents to Nations was largely unresponsive to of religious hatred, it fails marry non-Buddhists.16 In India, men from the intersection of gender and religion. to address hate in the name minority communities, especially Islam, For instance, the 2016 report4 of the UN are targeted by Hindu groups for entering Special Rapporteur on the right to freedom of religion against women into relationships or marriage with Hindu of religion or belief, which addressed sufficiently. women.17 Many of these attacks result in the intersection and mutually reinforcing honour killings and violence in India that nature of the right to religion and the Despite some developments in the are justified as actions against “love jihad”.18 right to freedom of expression, failed to discourse in international spaces, across recognise the gendered experience of Asia, the on-the-ground realities seem Often, the issue of suppression of women women in the context of religion. Similarly, to be worsening.9 States have taken in religion is reduced to or projected as an the Rabat Plan of Action,5 which seeks to a problematic position in relation to Islam issue. The above examples across combat incitement to hatred, also fails to censoring expression in the name of different countries and religions show that address the specific challenges faced by defending religion. Information and all religions, whether they are in majority women in the name of religion or the role content relating to social, political or or not, are riddled with issues that diminish of online spaces in furthering or quelling religious issues in several Asian states the space and voices of women. These hate. While the International Covenant on remain heavily regulated, policed, punished incidents illustrate how subversion of the Civil and Political Rights prohibits advocacy and prevented. This mindset is ultimately agency of women takes place to further a of religious hatred, it fails to address hate translated into laws and policies that regime of protectionism by men who claim in the name of religion against women regulate the conduct of women and gender to be acting in the interest of women. sufficiently.6 minorities. Social media platforms, especially large There have been some positive The banning of websites relating to sexual ones such as Facebook, have further developments, however—for example, expression and LGBT and SOGI issues compounded the problem. The community the fact that the recent United Nations in Pakistan and Indonesia over the past standards of these platforms prohibit 15 spotlight arrow for change | vol. 26 no. 1 2020

the sharing of images of parts of a in Pakistan have relied on social media 10. Reuters. “Indonesia Rights Body Condemns LGBT Raids Ordered by Depok Mayor.” Indonesia | Al Jazeera. January 14, 19 woman’s body, such as the breasts. and digital tools to organise and mobilise 2020. https://www.aljazeera.com/news/2020/1/14/indonesia- On the other hand, platforms have been the Aurat March,26 public processions rights-body-condemns-lgbt-raids-ordered-by-depok-mayor and APF. “Pakistan blocks ‘un-Islamic’ gay website.” Bangkok accused of working in tandem with of women, to highlight issues relating to Post. September 26, 2013. https://www.bangkokpost.com/ governments, especially authoritarian gender equality. These campaigns have tech/371672/pakistan-blocks-un-islamic-gay-website. governments, to deal with content online been met with violence or hate on the 11. Lim, Serene. “We Are Sisters In Islam”. GenderIT. October 3, 2019. https://www.genderit.org/feminist-talk/we-are- 20 in accordance with their commands. The basis of religious sensitivities. sisters-islam. arbitrary treatment of content online and 12. APC. “Statement of solidarity against the legal harassment of Malaysian author by local authorities”. APC. November 7, restrictions on the expression of women Excluding women and threatening their 2019. https://www.apc.org/en/pubs/statement-solidarity- are contrary to international human expression are a great disservice to the against-legal-harassment-malaysian-author-local-authorities. 13. Asher, Saira. “Aurat March: Pakistani Women Face Violent rights standards. It is ironic that these realisation and evolution of religions. To Threats Ahead of Rally.” March 7, 2020. BBC News. https:// giant platforms seek to control women’s make women’s voices heard we need www.bbc.com/news/world-asia-51748152. 14. Negombo, Quintus. “Sri Lankan Novelist Arrested Over bodily and sexual expression, while failing spaces that promote conversations and Gay Buddhist Monk Story.” April 8, 2019. UCANews. https:// miserably to tackle hate speech against we need to find ways to improve tolerance www.ucanews.com/news/sri-lankan-novelist-arrested-over- them.21 A bulk of this hate speech targets for hearing the experience of women gay-buddhist-monk-story/84899#. 15. Page, Jeremy. “Sri Lanka Author Sarah Malini Perera women or seeks to mock the masculinity in religion. Policy spaces and religious Arrested For ‘Offending Buddhists’”. 29 May, 2010. HuffPost. of men who question authoritarian regimes institutions must dialogue with women https://www.huffingtonpost.in/entry/sri-lanka-author-sarah- ma_n_516929?ri18n=true. 22 backed by religious leaders. to go beyond tokenistic presence of their 16. Human Rights Watch. “Burma: Reject Discriminatory bodies towards meaningful participation. Marriage Bill.” July 9, 2015. Human Rights Watch. https:// www.hrw.org/news/2015/07/09/burma-reject-discriminatory- The unrelenting attacks from state and Finally, for women, who have historically marriage-bill. non-state actors cut across theists, been censored, the internet might be the 17. Venkiteswaran, Gayathry. “Let the mob do the job”: How proponents of hatred are threatening freedom of expression atheists, the undecided, those who are last bastion of free speech and exploration and religion online in Asia.” September 29, 2017. APC. religion-fluid as well as women who are in our times. It is therefore critical that we https://www.apc.org/en/pubs/%E2%80%9Clet-mob-do- indifferent. By resorting to draconian ensure that it is open, free and without any job%E2%80%9D-how-proponents-hatred-are-threatening- freedom-expression-and-religion-online. measures that preserve the propriety form of hate or discrimination. 18. The supposed campaign of Muslim men feigning love and of religion in the name of preventing luring Hindu women to Islam. 19. Majsiak, Brianna. “Instagram and Facebook, Please Stop defamation of religion, states are in Notes & References Sexualizing Our Mastectomy Photos.” October 22, 2020. effect desecrating the right to freedom of EveryDayHealth. https://www.everydayhealth.com/breast- 1. Kandasamy, Meena. “Why Feminists Must Join the cancer/instagram-and-facebook-please-stop-sexualizing-our- expression of women, and compromising Movement Against the Manusmriti.” The Wire, October 24, mastectomy-photos/. their right to religion as well. 2020. https://thewire.in/caste/why-feminists-must-join-the- 20. The Wire Staff. “New Report Says Facebook’s Ankhi Das movement-against-the-manusmriti. Supported Modi, Hoped for BJP’s Victory.” 31 August, 2020. 2. Henry, Nikhila. “VCK’s Thol Thirumavalavan On Manusmriti The Wire India. https://thewire.in/tech/facebook-ankhi-das- More worryingly, these restrictions prevent Ban, DMK Alliance And BJP’s Smear Campaign”. Huffpost. Oct modi-bjp-support-wsj-new-report. all forms of dialogue and discussion on 27, 2020. shorturl.at/imrG0. 21. APCNews. “APC calls for action to end Facebook’s 3. This campaign involved women justifying the practice of complicity in enabling hate speech in India.” September 3, existing legal and social norms that touch prohibiting the entry of women of menstrual age from entering 2020. APC. https://www.apc.org/en/news/apc-calls-action- upon religion even for academic purposes, a temple. For more read https://www.apc.org/fr/node/22215. end-facebooks-complicity-enabling-hate-speech-india. 4. United Nations Human Rights Council. January 22, 2019. 22. APC. ”Speaking of Hatred: Deconstructing the gendered which only contributes to weakening OHCHR. https://www.ohchr.org/Documents/Issues/Religion/ nature of religion-based hate and violence”. June 12, 2020. democratic practices. Given this context, A-HRC-31-18-Add2.pdf. APC. https://www.apc.org/en/news/speaking-hatred- 5. United Nations Human Rights Office Of The High deconstructing-gendered-nature-religion-based-hate-and- any discussion on religion in online spaces Commissioner. “Between Free Speech and Hate Speech: The violence. that is not discriminatory and does not Rabat Plan of Action, a practical tool to combat incitement to 23. Sarwar, Beena. “India’s #NotInMyName Campaign hatred.” February 21, 2013. OHCHR. https://www.ohchr.org/ Resonates Elsewhere Too.” June 28, 2017. The Wire India. incite violence should be welcomed, EN/NewsEvents/Pages/TheRabatPlanofAction.aspx. https://thewire.in/government/india-not-in-my-name- irrespective of whether we subscribe to 6. United Nations Human Rights Office Of The High campaign-resonates-elsewhere. the view presented. Despite these daunting Commissioner. “International Covenant on Civil and 24. Oye, Mari. “Using ‘flower speech’ and new Facebook tools, Political Rights.” OHCHR. https://www.ohchr.org/en/ Myanmar fights online hate speech”. December 24, 2014. The challenges, women have in many instances professionalinterest/pages/ccpr.aspx. Washington Post. https://www.washingtonpost.com/national/ successfully leveraged online spaces to 7. United Nations. “United Nations Strategy and Plan Of religion/using-flower-speech-and-new-facebook-tools- Action on Hate Speech.” May 2019. https://www.un.org/en/ myanmar-fights-online-hate-speech/2014/12/24/3bff458c- push back against repression. The Not in genocideprevention/documents/UN%20Strategy%20and%20 8ba9-11e4-ace9-47de1af4c3eb_story.html. My Name23 campaign in India was led by Plan%20of%20Action%20on%20Hate%20Speech%2018%20 25. “My Friend” Campaign To Counter Myanmar’s Anti- June%20SYNOPSIS.pdf. Rohingya Violence.” July 14, 2015. AsiaNews.IT. http:// women against mob lynching of minorities 8. Available at https://www.ohchr.org/EN/Issues/ www.asianews.it/news-en/My-Friend-campaign-to-counter- for consuming beef. The Flower Speech24 FreedomReligion/Pages/ReportGenderEquality.aspx. Myanmar%E2%80%99s-anti-Rohingya-violence-34770.html. 25 9. Khandhadai, Gayatri. “Desecrating Expression: An Account 26. Hemaraj, Krishna. “Pakistan’s Aurat March: Women and My Friend campaigns in Myanmar of Freedom of Expression and Religion in Asia.” December 15, Taking To The Streets On 8 March 2020.” March 6, 2020. were developed by women to advocate 2016. https://www.apc.org/en/pubs/desecrating-expression- FeminismInIndia. https://feminisminindia.com/2020/03/06/ for acceptance and tolerance. Women account-freedom-expression-and-religion-asia. pakistans-aurat-march-women-streets-8-march-2020/. 16 arrow for change | vol. 26 no. 1 2020 in our own words

By Faris Saad WORKING AROUND MEDIA Business journalist and member of queer band Shh…Diam! CENSORSHIP TO TELL OUR Email: [email protected] STORIES

When someone mentions censorship, We’ve had to turn down shows knowing It’s probably a lot tougher in film, though, I’m reminded of a scene in an Iranian we could be harmed. Our entire 11-year where the restrictions are more specific film I watched many years ago in which existence is one big workaround. and more people have access to the a gives her adult son a hug. I material. The film censorship board remember watching it and thinking, Our stories matter because (Lembaga Penapisan Filem) removes any “What an odd angle for a hug. So artsy!” scenes - or entire films - deemed to be Later on, I read that in Iran, you can’t we’ve been silenced for too long. “promoting” LGBT culture. depict physical contact in films between The arts shape society’s cultural men and women who aren’t related. The identity, and LGBTIQ+ people In 2018, then deputy home Minister director worked his way around that continue to contribute to the Datuk Mohd Azis Jamman was quoted restriction by making it look like the as saying, “These aspects are related to actors had physical contact, when in fact cultural development of the national security and public order, socio- they were many inches apart. This fact country even though we aren’t culture, decorum, morality and religion. amazed me, because the story remained acknowledged for who we are. LGBT issue (sic) falls under socio-culture, intact while complying with censorship We exist even though we’ve been so the board will remove and will not requirements. approve any scene and dialogue that told we don’t. promotes such culture in films and That workaround remained at the back dramas.”1 of my mind when, in Malaysia, I started Censorship of LGBTIQ+- related music writing LGBT-themed songs that got material is very vague, so we take full The worsening situation over the message across in a hater-friendly advantage of it. Sometimes, organisers the years for LGBTQ folks in manner. will ask us to play without researching any of our songs or background. When Malaysia, especially the constant Our stories matter because we’ve been this happens, we don’t tell them we’re politicisation and policing of silenced for too long. Our stories add queer and bring out the rainbow tunes the community, demands that colour to Malaysia’s tapestry, and they when we get on stage. By then, it’s too we respond by telling our own will continue to shine long after we are late to reject us. gone. The arts shape society’s cultural stories and lived realities. identity, and LGBTIQ+ people continue When coming up with a setlist before to contribute to the cultural development each show, we decide if it’s safe to play Azis added that the scenes would be kept of the country even though we aren’t songs such as our hits, “Lonely Lesbian” only under the condition that there was acknowledged for who we are. We exist or “I Woke Up Gay”. Most of the time, a lesson to be learned. The “lesson” is even though we’ve been told we don’t, we throw caution to the wind and play usually death, or repentance framed in which is why it is important to share all the gay songs. It never ceases to a cheerful heteronormative marriage our stories to say “Hi, we’re here and amaze me how some people react. In scene. Maybe both. It’s ok to defy logic we’re queer”. With all the restrictions in the beginning of the song their arms as long as the gays are punished in the Malaysia it may be difficult, but it is not are folded across the chest, and they’re name of entertainment. impossible. frowning, but by the end they’re laughing and singing along. I hope that when they This type of censorship poses unique As a band, Shh…Diam! has had a lot go home, they’ll think about the absurdity challenges that force artists to be more of doors close on us, whether it’s for that inspired the lyrics and start talking creative in finding alternative ways of funding, events, radio play, or show about it with their friends. telling our stories. spaces, because we’re openly queer. 17 arrow for change | vol. 26 no. 1 2020 18 arrow for change | vol. 26 no. 1 2020 in our own words

In creating Songsang, Ineza and Section 22(1)) which says “no person prepared the Songsang team is. co-creator Mien Ly, with the shall participate in any production Religious authorities get away with activities, distribute and exhibit films or anything because you can’t question the support of queer collective Nose any combination the activities specified word of God. To defy them is to defy Nest, put out a call for queers in Section 21(1) unless a license is issued God, even if you don’t believe in God. If interested in participatory authorising him to do so.” you’re Malay, you’re a Muslim forever filmmaking. People were keen even if you’re an atheist. Apostasy is on joining or helping out, but it What’s baffling is Communications punishable under shariah law and you and Multimedia Minister Saifuddin can’t escape. was a challenge to find Malay Abdullah’s application of an outdated Muslims who were willing to be law from a time when only rich people The team knows this, and they’ve put visible on camera. had camcorders, to today’s age of various measures in place in anticipation social media. There is no stopping the of a possible backlash. “We will only be government from pulling this law out if putting folks on camera who are already The makers of the soon-to-be-launched they don’t like what you’re putting out out, on top of doing risk assessments for YouTube channel Songsang (Inverted) on the web. There’s an assortment of all participants and providing support have their work cut out for them. The laws that can and has been used to arrest systems,” says Ineza. channel aims to portray everyday lives of people for their posts and comments, Malaysian LGBTIQ+ folks, countering the and LGBTIQ content is no exception. The challenge of creating characters and predominantly negative narratives in the scenarios that achieve just the right level mainstream while bringing serious issues The writers had to find a way of visibility in a way that circumvents to the forefront. It’s the first of its kind in restrictions is bound to produce some Malaysia. to present serious issues in an creative shots, and I can’t wait to see entertaining and educational what they come up with. “The worsening situation over the years way, while keeping in mind for LGBTQ folks in Malaysia, especially religious sensitivities, potential the constant politicisation and policing political offence and the Notes & References of the community, demands that we respond by telling our own stories and safety of the cast members. *Government-run and most private funding programmes will not fund LGBTIQ+ arts activities, so content creators source lived realities. The main target audience The possibility of a backlash is from outside Malaysia where there is a higher chance of would be queer folks as an avenue of securing funding. This probably encourages the conspiracy always there, regardless of how theory that the LGBTIQ+ lifestyle is a Western/Jewish agenda. building solidarity and community. As well-prepared the Songsang the videos will be made public, they will 1. Malay Mail/Bernama article: Censorship board to cut be accessible to a broader audience as a team is. LGBT content from films, home deputy minister says, Dec 10, 2018. Malay Mail Online. https://www.malaymail.com/news/ means of creating awareness,” says co- malaysia/2018/12/10/censorship-board-to-cut-lgbt-content- creator Ineza Roussille. In creating Songsang, Ineza and co- from-films-deputy-home-minister-says/1701876. creator Mien Ly, with the support of YouTube was chosen as the platform queer collective Nose Nest, put out a for the show because the government call for queers interested in participatory and censorship board have less control filmmaking. People were keen on joining over its content. YouTube can also or helping out, but it was a challenge to accommodate the crew’s small budget* find Malay Muslims who were willing to and is accessible to all. be visible on camera.

I say ‘less’ control and not ‘no’ control The writers had to find a way to present because the government is full of serious issues in an entertaining and surprises. For example, there is a law that educational way, while keeping in mind requires anyone who produces videos religious sensitivities, potential political to obtain a RM50,000 film license. The offence and the safety of the cast law was passed in 1982 (National Film members. The possibility of a backlash is Development Corporation Act 1982, always there, regardless of how well- 19 monitoring national and regional activities arrow for change | vol. 26 no. 1 2020

By Priya Ahsan Chowdhury DOES THE DIGITAL SECURITY Barrister and Intern, Dr Kamal Hossain and Associates ACT INCREASE INSECURITY FOR Email: [email protected]

PEOPLE IN BANGLADESH? and Sara Hossain Advocate, Supreme Court of Bangladesh; Partner, Dr Kamal Hossain and Associates Email: [email protected] In the face of gathering public protests The notorious Section 57 of the ICTA had on the restrictions on free speech, criminalised individuals for publishing the Government of Bangladesh finally online content on nine separate broadly repealed section 57 of the Information defined grounds.11 and Communications Technology Act The ICTA had been used for arrests of 2006 (amended 2013) through enacting The ICTA was amended in 2013 allowing journalists and the general public mostly the Digital Security Act 2018 (DSA). arrest without warrant, restricting the for alleged criticism of government use of bail to release detainees pending actions through Facebook posts and In the two years since the DSA came into trial, increasing the maximum prison term other online content. This included force, around 2,000 cases have been from ten to fourteen years for convicts, sharing posts appealing for peace or filed under the law.1 This has created and dedicating a Cyber Tribunal to deal reporting on ongoing events. a chilling effect on public discourse with offences under the law. and achieves no legitimate objective. In July 2018, two school students were Reporting on the law’s arbitrary use is In the two years since the killed while waiting for a bus on the also being stifled over time. Digital Security Act came into roadside in Dhaka. This sparked a massive political movement on the roads Over 800 cases have been lodged force, around 2,000 cases have and on social media led by thousands between January and September 2020.2 been filed under the law. This of school students and young persons 339 persons were arrested in the first has created a chilling effect on demanding road safety. In that period, 3 two months of 2020. 89 cases were filed public discourse and achieves no many were arrested including at least against 173 individuals within the first seventeen under the ICTA for allegedly three months of the COVID-19 pandemic legitimate objective. “spreading rumours on social media in March this year.4 These include at least platforms”.21 In the wake of continuing 22 journalists.5 In the five years between this amendment protests around its misuse, section 57 and repeal of section 57, the number of was abolished the same year. An alarming number of dissenters of police cases and arrests had escalated the State’s response to the crisis were with 1,271 charge sheets or investigation This welcome though belated step was arrested under the Act for allegedly reports being submitted to the Tribunal in however undermined by the inclusion “spreading rumours and misinformation that period.12 in the new law of further widely and on Facebook”.6 Arrestees include a vaguely defined offences using undefined cartoonist, a woman lecturer,7 writers, Prominent national and international concepts. journalists, and activists,8 some of whom organisations such as ARTICLE 19,13 remain in jail. Amongst the recent slew Human Rights Watch,14 Ain O Salish These include: Section 25 (1) (a) of the of cases brought under the Act was the Kendra,15 and Odhikar16 criticised the DSA which criminalises “publishing, arrest of a 15-year-old boy for posting vague wording of section 57 for enabling sending of offensive, false or fear a critical comment on Facebook.9 unfettered powers of law enforcing inducing data information” with the Reportedly, most cases before the agencies, thus opening the scope for intent to annoy, insult, humiliate or Tribunal filed under the ICTA or DSA abuse and resulting in a massively malign a person; and section 25(1)(b) result in charges not being framed due to chilling effect on free speech. Former17 which also includes imprecise terms such inadequate evidence.10 and current18 law ministers, a former as “spreading confusion” and “affecting information minister19 also did the same, the image or reputation of the nation”. and a special public prosecutor also acknowledged the misuse.20 20 arrow for change | vol. 26 no. 1 2020 monitoring national and regional activities

Section 29 criminalises publishing of Bangladesh is a party to the ICCPR since 6. Bangladesh: Mass Arrests Over Cartoons Posts: Cartoonist, Journalists, Activists, Face Charges for Criticizing defamatory information online with a 2000 and therefore is legally bound to Ruling Party Print. New York: Human Rights Watch, 2020. maximum punishment of three years uphold the right to freedom of expression https://www.hrw.org/news/2020/05/07/bangladesh-mass- under Article 19 of the Covenant. ICCPR arrests-over-cartoons-posts. imprisonment, and five years for 7. Bangladesh University Teacher Arrested for Controversial reoffending. is a multilateral treaty adopted by Social Media Post. Dhaka: South Asia Monitor, 2020. United Nations General Assembly on https://southasiamonitor.org/bangladesh/bangladesh- university-teacher-arrested-controversial-social-media-post. Section 28 allows imprisonment of a 16 December 1966, which came into 8. Bangladesh: Mass Arrests Over Cartoons Posts: person for up to five years for publishing force on 23 March 1976. Parties to the Cartoonist, Journalists, Activists, Face Charges for Criticizing Ruling Party Print. New York: Human Rights Watch, 2020. anything that hurts religious sentiment Covenant are committed to respect the https://www.hrw.org/news/2020/05/07/bangladesh-mass- and ten years for reoffending. civil and political rights of individuals, arrests-over-cartoons-posts. 9. Nazeer, Tasnim. Bangladesh Silencing Teenage Dissent. including freedom of speech, rights to The Diplomat, 2020. https://thediplomat.com/2020/06/ due process and a fair trial among others. bangladesh-silencing-teenage-dissent/. The ICTA had been used for 10. Asaduzzaman. Digital Security Act: Over 1000 cases filed in two years. Dhaka: , 2020. https://en.prothomalo. arrests of journalists and the Article 39 of the Constitution of com/bangladesh/crime-and-law/digital-security-act-over- Bangladesh also guarantees the right 1000-cases-filed-in-two-years. general public mostly for 11. These nine grounds included contents found to be fake alleged criticism of government to freedom of expression subject to and obscene; defamatory; tending to deprave and corrupt its reasonable restrictions in the interests audience; causing or potentially causes deterioration in law actions through Facebook posts and order; prejudicing the image of the State or a person; or of the security of the State, friendly causing or likely to cause hurt to religious sentiment. Bergman, and other online content. This relations with foreign states, public David. No Place For Criticism: Bangladesh Crackdown on Social Media Commentary. Human Rights Watch, 2018. included sharing posts appealing order, decency or morality, or in relation https://www.hrw.org/report/2018/05/09/no-place-criticism/ for peace or reporting on to contempt of court, defamation bangladesh-crackdown-social-media-commentary. or incitement to an offence. The 12. Ibid. ongoing events. 13. Bangladesh: Violations of the Right to Freedom of Constitution also guarantees the right to Expression in 2017. ARTICLE 19, 2018. https://www.article19. be treated in accordance with law. org/resources/bangladesh-violations-right-freedom- expression-2017/. Section 31 criminalises individuals for If these provisions of the Digital Security 14. Bangladesh: Protect Freedom of Expression, Repeal publishing anything in digital format that Act remain, they will not only continue Draconian Section 57 but New Law Should Not Replicate Abuses. New York: Human Rights Watch, 2018. https://www. creates enmity, hatred or hostility among the legacy of section 57 of the ICTA but hrw.org/news/2018/05/09/bangladesh-protect-freedom- different classes or communities of the serve to provide barely any guarantee of expression. 15. Ain o Salish Kendra. Annual Report 2016. Dhaka: Ain o society. It also penalises individuals the right to freedom of expression and Salish Kendra (ASK), 2017. http://www.askbd.org/ask/wp- for publishing content that destroys speech. Such a freedom will no longer content/uploads/2018/04/Annual_Report_2016_optimized.pdf. be a right, and is rather becoming a 16. Bangladesh: Annual Human Rights Report 2017. communal harmony, creates unrest, Dhaka: Odhikar, 2018. http://odhikar.org/wp-content/ deteriorates or advances to deteriorate privilege. uploads/2018/01/Annual-HR-Report-2017_English.pdf. the law and order situation. An offender 17. Staff Correspondent. Free Speech vs Section 57: The Provision of ICT Act Goes Against Freedom of Expression; is punishable with imprisonment of up Vagueness Creates Scopes for Misuse, Say Legal Experts. to seven years and up to ten years for Dhaka: The Daily Star, 2015. https://www.thedailystar.net/ Notes & References frontpage/free-speech-vs-section-57-130591. reoffending. The broad terms in this 18. Senior Correspondent. Sec 57 was a ‘Tool to Curb provision leave huge scope for abuse in 1. https://www.amnesty.org/en/latest/news/2020/10/ Freedom of Speech’, Law Minister Anisul admits. bangladesh-escalating-attacks-on-the-media-must-stop/. Dhaka: bdnews24.com, 2018. https://bdnews24.com/ the absence of clear definition as to what 2. Bangladesh: Escalating Attacks on the Media Must Stop. bangladesh/2018/01/30/sec-57-was-a-tool-to-curb-freedom- constitutes hatred and enmity. Amnesty International, 2020. https://www.amnesty.org/en/ of-speech-law-minister-anisul-admits. latest/news/2020/10/bangladesh-escalating-attacks-on-the- 19. Tribune Desk. Inu: Section 57 to be Dropped from ICT Act. media-must-stop/. Dhaka: Dhaka Tribune, 2017. https://www.dhakatribune.com/ The lack of precise definitions of what 3. Asaduzzaman. Digital Security Act: Over 1,000 Cases bangladesh/law-rights/2017/11/29/inu-section-ict-act. Filed in Two Years. Dhaka: Prothom Alo, 2020. https:// may constitute offences under these 20. Tipu, Md Sanaul Islam. 3% Conviction Rate of Cybercrime en.prothomalo.com/bangladesh/crime-and-law/digital- in Bangladesh. Dhaka: Dhaka Tribune, 2019. https://www. provisions have broadened the scope security-act-over-1000-cases-filed-in-two-years. dhakatribune.com/cybersecurity/2019/04/20/3-conviction- for silencing speech. The High Court 4. Arifur Rahman Rabbi. Upsurge in Digital Security Act Cases rate-of-cybercrime-in-bangladesh. During the Covid-19 Pandemic. Dhaka: Dhaka Tribune, 2020. 21. Staff Correspondent. More arrests over ‘rumour’: At least in February 2020 asked the concerned https://www.dhakatribune.com/bangladesh/2020/06/28/ 17 held so far under section 57. Dhaka: The Daily Star, 2018. authorities to explain why sections upsurge-in-digital-security-act-cases-during-the-covid-19- https://www.thedailystar.net/news/city/student-protest-3- pandemic. arrested-spreading-rumour-social-media-1617616. 25 and 31 of the Digital Security Act 5. Tribune Report. Digital Security Act: More Journalists 22. TBS Report. Writ Challenges Four Sections of Digital 2018 would not be declared illegal and Facing Arrest, Cases Amid Hard Days of Covid-19 Crisis. Security Act: Secretaries of Law and Information Ministries Dhaka: Dhaka Tribune, 2020. https://www.dhakatribune.com/ 22 Have Been Made Respondents in the Writ. Dhaka: The unconstitutional. There has not been a bangladesh/2020/05/07/digital-security-act-more-journalists- Business Standard, 2020. https://tbsnews.net/bangladesh/ hearing on this matter since. facing-arrest-cases-amidst-hard-days-of-corona-crisis. court/writ-challenges-four-sections-digital-security-act-37695. 21 monitoring national and regional activities arrow for change | vol. 26 no. 1 2020

By Bernice Lata FIJI’S ONLINE SAFETY ACT Legal Rights Officer, Fiji Women’s Rights Movement Email: [email protected] Fiji is an archipelago of over 300 islands 24 and 25 (offences) are laid out in the nestled in the South Pacific. The very Act, there is ambiguity as to what the famous “bula” is synonymous with the overall principles guide the interpretation carefree spirit often present on the islands. of the Act. Examples of what these guiding towards the victim/survivor. This invoked This bula spirit allows Fijians to express principles could ideally contain would a national response in the form of the themselves in a way that is communal and be minimum thresholds for determining Minister for Women denouncing the sexist welcomes visitors to explore its culture. harmful behaviour and adherence to and derogatory comments.4 Even with the ‘bula” spirit, however, international human rights principles such sometimes Fijian society rears its ugly as freedom of speech and expression. COVID-19 further saw the curtailing of the head when contentious issues arise which right to freedom of speech and expression may lead to further marginalisation and The ambit of the Act is quite limited in the which was violated for political reasons, polarisation of some members of the sense that it seeks to hold accountable such as when Fiji recorded its first set community who face discrimination and those that engage in harmful online content. of COVID-19 cases. The State through abuse. It does not provide special protection for the police arrested prominent public marginalised groups (WHRDs, LGBTQI figures including a sitting member of That is precisely the dilemma faced by women) who face added layers of online parliament from the opposition based on society when trying to dissect this very bullying because of their identity expression what they had posted on their Facebook crucial human right: the right to freedom and advocacy work. Because there is no page, using COVID-19 as an excuse to of speech and expression. In Fiji, this is a specific added protection included in the justify curtailing of civil liberties.5 It was constitutional right as stipulated in Article Act, this may have contributed to the lack an absolute waste of valuable resources 17 of the 2013 Fiji Constitution.1 of engagement by citizens in accessing (in laying the charge, and proceeding the services of the Commission to lodge to file the criminal case in court), as the Online Safety Act. The Online Safety complaints. charges were since dropped by the State.6 Act of Fiji (OSA)2 was set up in 2018 to Additionally, this culture of authoritarian regulate online content in Fiji. However, Curtailing of Freedom of Speech. The rule is compounded on the backdrop of the mechanism is complaint-based and dilemma is that on one hand the State homophobic sentiments expressed by the regulation is not arbitrary, in the sense uses public health emergencies to curtail Prime Minister who expressed concern as that the Online Safety Commission (OSC) this right, and on the other hand provides to why some religious organisations were cannot of itself determine the content very little recourse for victims of hate in support of same-sex marriage.7 This set published online, unless someone raises a speech and bullying when they belong to a very alarming tone by the State towards complaint with them. Any person residing marginalised communities, and sometimes members of the LGBTQI community, and in Fiji may lodge a complaint, even if the themselves express the hate speech those standing in solidarity with them, content posted online was done by anyone towards marginalised communities. This including women human rights defenders outside of the country (section 4). right is often picked and chosen by state (WHRDs). and individuals to serve their self-interest. The Fiji Women’s Rights Movement Violence and discrimination can be (FWRM) in its submissions leading up to the A very significant example of this was when perpetuated anywhere and the Fijian codification of the Online Safety Act (the famous rugby player (rugby is almost like Parliament is no exception; in 2017 a “Act”) mentioned that it would be beneficial religion in Fiji) Amenoni Nasilasila, was parliamentarian was quoted making sexist to incorporate a set of guiding principles convicted and sentenced to serve prison remarks about gender roles of women in the OSA.3 The benefit of having a set of time for rape. This prompted hate speech and who they choose to marry.8 Human guiding principles would be that the courts online by members of popular chat groups rights defenders, especially WHRDs, and the body that administers the Act on Facebook which have wide audiences face additional gender-specific threats (Online Safety Commission) would have of more than 20,000 members. The hate and violence, in both public and private guidance on interpreting and enforcing speech (calling for the victim to be raped spheres, such as gendered verbal abuse provisions of the Act. In its absence, even again, anyone supporting the victim to also (online and offline), sexual harassment, though individual provisos such as sections be raped, victim blaming) was directed rape and sexual violence, which can 22 arrow for change | vol. 26 no. 1 2020 monitoring national and regional activities

also lead to further violations, such as rape culture in rugby in Fiji. It is unclear, Notes & References 9 stigmatisation. however, whether Prasad had eventually 1. Constitution of the Republic of Fiji, 2013. http://www. lodged a complaint with the OSC, though paclii.org/fj/Fiji-Constitution-English-2013.pdf. 2. Fiji Online Safety Act, 2018. The Laws of Fiji. https://laws. Case Study: Kris Prasad. In Fiji, a queer it is also important to note that the OSC gov.fj/Acts/DisplayAct/2462. 3. NGO Coalition on Human Rights. “NGOCHR Online Safety Bill human rights activist, Kris Prasad, was provides very limited remedies such as (2018) Submission.” 2018. FWRM.org. http://www.fwrm.org.fj/ subjected to online bullying because of issuing notices to the perpetrator, referring images/resources/NGOCHR-Online-Safety-Bill-Submission.pdf. 4. Graue, Catherine. “Fiji’s ‘rape culture’ on trial after sentencing his work highlighting double standards to the police for criminal prosecution of Rugby’s 7s star.” October 28, 2019. ABC.net. https://www.abc. within the prison systems in Fiji for and mediation. All of these processes are net.au/radio-australia/programs/pacificbeat/fiji-rugby-7s-star- sentenced-to-jail-leads-to-victim-blaming/11644820. convicted rapists.10 Arguments presented lengthy and perhaps this is why a lot of 5. “Fiji’s Tabuya charged with breaching public order act.” March 30, 2020. Radio New Zealand. https://www.rnz.co.nz/ by contenders were that it was their people choose not to lodge their complaint international/pacific-news/412910/fiji-s-tabuya-charged-with- right to free speech and that they could with the OSC. breaching-public-order-act. 6. Kumar, Rashikar. “Lynda Tabuya acquitted of the charge direct online bullying towards anyone. of Malicious Act.” August 17, 2020. FijiVillage. https://www. fijivillage.com/news/Lynda-Tabuya-acquitted-of-the-charge-of- The explosion of hate speech directed Way Forward. The Online Safety Malicious-Act-rfx485/. towards Prasad was amplified by the fact Commission, in its efforts to implement 7. Ravuwai, Ilaijia. “PM Bainimarama Reiterates, No To Same Sex Marriage In Fiji.” April 8, 2019. Fiji Sun. https://fijisun. that he was Fijian of Indian descent, in the Online Safety Act, should engage with com.fj/2019/04/08/pm-bainimarama-reiterates-no-same-sex- contrast to Nasilasila’s iTaukei race, which marginalised groups such as WHRDs, marriage-in-fiji/. 8. Pratibha, Jyoti. “Feminist Queries MP’s Women Talk.” July according to some did not give Prasad women and girls, LGBTQI communities 18, 2017. Fiji Sun. https://fijisun.com.fj/2017/07/18/feminist- queries-mps-women-talk/. a right to highlight rape culture in Fiji. and the disability community to provide 9. United Nations Human Rights Office Of The High Given that Fiji is very much racially divided targeted assistance to specific groups Commissioner. “Women Human Rights Defenders.” Updated 2020. OHCHR. https://www.ohchr.org/Documents/Issues/ and religiously polarised, the levels of needing special protections. Legal activism Women/WRGS/SexualHealth/INFO_WHRD_WEB.pdf. 10. Kumar, Rashika. “Activist who allegedly received rape hate speech directed towards Prasad cut is also crucial in developing jurisprudence and death threats to lodge complaint with the Online Safety across different levels of his identity being in this area, which would further Commission and Police.” July 22, 2020. FijiVillage. https:// www.fijivillage.com/news/-Activist-who-allegedly-received- that of an ethnically Indian young male strengthen ideals sought in the Online rape-and-death-threats-to-lodge-complaint-with-the-Online- advocate who raised concerns about the Safety Act. Safety-Commission-and-Police-rx854f/.

By Therese Reyes THE CHALLENGE OF PROTECTING Writer-Editor FREE SPEECH IN DUTERTE’S Email: [email protected] PHILIPPINES

On July 3, 2020, Philippine President restrictions that limit people’s mobility and The government published the law’s Rodrigo Duterte signed the Anti-Terrorism ability to demonstrate. Implementing Rules and Regulations in Bill into law, a much contested legislation October, despite ongoing petitions against that sought harsher measures against Just about a week after the Anti-Terrorism it. Under the Anti-Terrorism Law, the suspected terrorists. Its proponents say Law took effect, the Philippine National government can create an Anti-Terror repealing an already existing anti-terrorism Police confiscated copies of the Council appointed by the administration, law was a matter of national security, but progressive magazine Pinoy Weekly, for conduct warrantless surveillance and critics are afraid that the new law’s vague allegedly promoting “anti-government” arrests, and mete harsher punishments definition of a ‘terrorist’ could be used sentiments. Red-tagging, or labelling against alleged terrorists. In November, against the government’s dissenters and people or groups as subversives, is not it was revealed that the first known case stifle freedom of expression in the country. new in the Philippines, but human rights under the Anti-Terror law involved two groups fear that it has gotten especially members of an Indigenous group accused These fears come amid extrajudicial killings dangerous because of the new powers of shooting soldiers. in Duterte’s infamous war on drugs, authorities gained from the new law. threats to the media and government critics online, and COVID-19 pandemic 23 monitoring national and regional activities arrow for change | vol. 26 no. 1 2020

The Anti-Terrorism Law expands the Apart from Gabriela’s, there are now over Diseases, despite keeping social definition of a terrorist and makes 30 petitions against the Anti-Terror Law distancing measures. “inciting to commit terrorism” in the Supreme Court. Another group The Supreme Court has yet to conduct through “speeches, proclamations, uniquely affected by the law are social oral arguments on the petitions against writings, emblems, banners, or other media users. the Anti-Terror Law. Online, many representations” an offense punishable Filipinos continue to speak out against it, by 12 years imprisonment. The law does “The Philippines, including our portion exercising the freedom of speech they’re not specify social media posts critical of of the internet, must be free,” a group actively fighting for. the government as an act of terrorism of internet personalities who petitioned but many are afraid that the crackdown against the new law said. “One can Notes & References could extend to the internet, where many easily be tagged as a terrorist or terrorist Filipinos are active in sharing opinions on sympathizer, or terrorist enabler and 1. “Republic Act No. 11479 - Official Gazette.” Accessed anyone may be subjected to surveillance, September 6, 2020. https://www.officialgazette.gov.ph/ current events. downloads/2020/06jun/20200703-RA-11479-RRD.pdf. attack and even peddled fake and false 2. Duterte’s war on drugs launched in 2016 and has led to One of its most vocal critics is the news against their persons.” the deaths of tens of thousands of people, many in police operations. Human Rights Council. June 29, 2020. OHCHR. women’s group Gabriela, which has filed https://www.ohchr.org/Documents/Countries/PH/ a petition against the law at the Supreme Philippines-HRC44-AEV.pdf. The passing of the Anti-Terror 3. Reyes, Therese. “Everything You Want to Know About Court. the ABS-CBN Shutdown, Answered.” May 6, 2020. Accessed Law has only stoked fears that October 26, 2020. VICE. https://www.vice.com/en/ the government could use it to article/9359k8/abs-cbn-shutdown-duterte-philippines- “The terror will undoubtedly spread, explained. the chilling effect magnified a hundred silence its critics and the media. 4. Talabong, Rambo.”PNP confiscates progressive magazine after Anti-Terror Law ....” July 26, 2020. Accessed September thousand times over, to every woman, 6, 2020. Rappler. https://rappler.com/nation/pnp-confiscates- every citizen, who does and shall still find progressive-magazine-after-anti-terror-law-takes-effect. Social media has become the voice to assert her right and dignity as 5. Pulta, Benjamin. “DOJ completes IRR of anti-terror law.” October 14, 2020. Accessed October 26, 2020. Philippine News a woman, to speak truth to power because an important platform for Agency. https://www.pna.gov.ph/articles/1118515. it will become a necessity for her survival,” activism in the Philippines as the 6. Buan, Lian. “Accused of shooting soldiers, Aetas in Zambales jailed in 1st case under new anti-terror law.” the group said. coronavirus continues to keep November 18, 2020. Accessed November 26, 2020. Rappler. https://www.rappler.com/nation/aetas-zambales-accused- people in their homes and out of shooting-soldiers-jailed-first-case-anti-terrorism-law- Months after the law was enacted, november-2020. many women have become victims of the streets. 7. Patag, Kristine Joy. “Gabriela brings to SC 19th legal challenge vs anti-terrorism law.” July 24, 2020. Accessed red-tagging. In October, a top military October 26, 2020. Philstar Global. https://www.philstar.com/ official accused Gabriela of being part of Before the Anti-Terror Law, Filipinos were headlines/2020/07/24/2030329/gabriela-brings-sc-19th-legal- a “terrorist organization.” This comes already concerned about a cybercrime challenge-vs-anti-terrorism-law. 8. Ramos, Christia. “Gabriela ‘part of terrorist organization’ after the same official red-tagged Angel law that could be used to police online — Parlade.” October 23, 2020. Accessed October 26, 2020. Locsin and Liza Soberano , two prominent content under provisions against “cyber Inquirer.net. https://newsinfo.inquirer.net/1351573/parlade- claims-gabriela-part-of-terrorist-organization. actresses known for their humanitarian libel.” The passing of the Anti-Terror 9. Cupin, Bea. “ABS-CBN defends Angel Locsin, Liza work and women’s rights initiatives. Both Law has only stoked fears that the Soberano against red-tagging.” October 23, 2020. Accessed October 26, 2020. Rappler. https://www.rappler.com/ spoke out against the Anti-Terror Bill. government could use it to silence its entertainment/celebrities/abs-cbn-statement-defending-angel- Female activists face unique struggles, critics and the media. locsin-liza-soberano-parlade-red-tagging. 10. Esguerra, Anthony. “Handcuffed Philippine Activist in like those experienced by Reina Mae Hazmat Suit Buries Baby in Tense Funeral.” October 16, 2020. Nasino, who gave birth to a daughter in Social media has become an important Accessed October 26, 2020. VICE. https://www.vice.com/en/ July while she was detained for alleged platform for activism in the Philippines as article/xgzqda/handcuffed-philippine-activist-in-hazmat-suit- buries-baby-in-tense-funeral. illegal possession of firearms and the coronavirus continues to keep people 11. Torres-Tupas, Tetch. “Bloggers, Social Media Influencers, explosives. She was separated from the in their homes and out of the streets. Internet Celebs Ask SC to Junk Anti-terror Law.” July 29, 2020. Accessed September 6, 2020. Inquirer.Net. https://newsinfo. baby a month later and Nasino was not The government even used pandemic inquirer.net/1314082/bloggers-social-media-influencers- allowed to visit even as the newborn’s restrictions to limit demonstrations internet-celebs-ask-sc-to-junk-anti-terror-law. 12. “About Cyber Libel.” February 25, 2019. Accessed October health deteriorated. The baby eventually against the Anti-Terror Law, including an 26, 2020. The Daily Tribune. https://www.divinalaw.com/ died of pneumonia in early October and incident wherein at least 20 people from about-cyber-libel/. the activist was only given a few hours to an LGBTQ Pride event protesting the 13. Thoreson, Ryan. “Philippines Police Crack Down on LGBT Protest”. June 29, 2020.Accessed September 6, 2020. Human attend the funeral. then-bill were arrested and charged under Rights Watch. https://www.hrw.org/news/2020/06/29/ the Law on Reporting of Communicable philippines-police-crack-down-lgbt-protest. 24 arrow for change | vol. 26 no. 1 2020 monitoring national and regional activities

By Sarah Zaman THE BLASPHEMY REGIME IN Member of Women’s Action Forum and * Co-organiser of Aurat March, Karachi (2019, PAKISTAN 2020) *With assistance from Kamran Haroon Email: [email protected] Pakistan has some of the strictest anti- The women’s movement in Pakistan has a blasphemy laws in the world. Clauses of legacy of challenging religious orthodoxy the penal code outlawing hate speech and its framing of public policies that and defilement of holy symbols, first discriminate against the poor, women, extrajudicial killings,13 and the general codified by the colonial imperative and minority communities. Women’s curtailment of free speech.14 In this to contain communal violence, have rights activists and groups have been environment while social justice expanded under successive governments targeted by the ultra-right (and by movements have grown and become more to mandate imprisonment for wounding extension, the state) when they rally visible across the country due to social religious feelings,1 outlaw religious for the rights of women, democracy, media,15 the state can be seen policing and practice of specific minorities2 and demilitarisation, an end to the incursion containing detractors through a range of sentence death3 for insulting of Holy of religion in politics and for the repeal made-for-purpose laws,16 the use of offline personages. Yet, mob vigilantism of the death penalty for blasphemy.5 violence17 and manipulation of online increasingly outpaces proceedings under They have been told repeatedly that spaces, populating them with anti-minority the law and those accused end up facing discriminatory laws against women and anti-women narratives. death threats or exile while vigilantes are and minorities are God-ordained and 4 lionized as religious exemplars. sacrosanct. This line of defense, like The women’s movement the justification of the death penalty for As a majority of accused under Pakistan’s blasphemy, impeded for nearly 27 years, in Pakistan has a legacy of blasphemy regime are men, it is difficult attempts to reform rape laws under the challenging religious orthodoxy to form a direct link between women’s Hudood Ordinances, 19796, 7 and setting and its framing of public policies rights, SRHR and the specific act of 18 years as the minimum age of marriage that discriminate against the blasphemy except inference from media to curb child marriage.8 coverage of cases. However, within the poor, women, and minority rubric of political, religious and social Historically, the politico-religious communities. forces influencing state and society, the forces that support the death penalty charge of blasphemy is also mobilised for blasphemy and persecute religious Apart from the legal legacy, blasphemy to blunt citizens’ demand for rights and minorities and critical Muslim voices and women’s rights are also connected accountability in general, and women’s are the same that block women’s rights by the set of acts, manufactured or rights in particular for being inimical to legislation and justify violence against performed, that are cast as personal Islamic norms or a conspiracy against the women. Being part of national and affronts to be hurriedly ‘cancelled’ via Islamic way of life. provincial assemblies, it is difficult to public shaming and rituals of repentance18 discern whether they operate under with social media as a tool of enforcement. Within the rubric of political, patronage of the state or if the state While women’s access to the internet religious and social forces is willing to cede ground in a bid to is expanding, women journalists have contain/ appease them. recently come forward19 claiming that influencing state and society, online spaces are becoming increasingly the charge of blasphemy Currently, accusations of blasphemy are unsafe for women. Dr. Arfana Mallah is also mobilised to blunt on the rise in Pakistan. In the month of who was recently accused of blasphemy 9 citizens’ demand for rights and August 2020, more than 40 cases were by religio-political parties for ‘defending’ registered based on social media posts. a colleague accused of blasphemy was accountability in general, and While blasphemy related killings have eventually forced to ‘repent publicly’ via women’s rights in particular . been cyclical10 over the decades, the a video message20 circulated widely on recent spate of accusations and killings social media. A few months earlier, the are accompanied by a wave of media same groups had attempted to register a censorship,11 enforced disappearances,12 legal case against the 2020 Aurat Marches 25 monitoring national and regional activities arrow for change | vol. 26 no. 1 2020 across Pakistan while participants were While feminists have long known that there is no ultimate 21 abused and eventually petitioned for appeasement of the ultra-right, women and minorities will ‘sloganeering against Islam’.22 In turn, the Khyber-Pakhtunkhwa provincial continue to suffer as the state uses religion to gain political assembly dubbed the marches ‘un- legitimacy and panders to those using violence to make their Islamic’, ‘unconstitutional’ and a point. conspiracy against the Islamic way of life, legitimising claims of the ultra-right.23

Evidence suggests that blasphemy laws Notes & References are not only being increasingly invoked, 1. PPC section 298 & 295A. 17. Shehzad, Hassan. “Marching Amidst Violence.” March 15, they are weaponised to stamp out 2. PPC section 298B. 2020. The News On Sunday. https://www.thenews.com.pk/ 3. PPC section 295C specifically carries the death sentence. tns/detail/628593-marching-amidst-violence. 24 dissent on a range of issues. When 4. Jones, Owen Bennett. “How Punjab Governor’s Killer 18. Gillani, Waqar. “Behind the Culture of Impunity.” July 12, Became a Hero.” January 9, 2012. BBC News. https://www. read with other laws, the lines between 2020. The News On Sunday. https://www.thenews.com.pk/ bbc.com/news/magazine-16443556. tns/detail/684795-behind-the-culture-of-impunity. sacrilege, sedition, dissidence, anti- 5. Saigol, Rubina. “The Past, Present and Future of Feminist 19. Butler, Steven. and Iftikhar, Aliya. “As Ruling Party Fans Activism in Pakistan.” July 15, 2019. Herald Magazine. https:// Spew Online Abuse, Pakistan Female Journalists Call for statism, social impropriety, and freedom herald.dawn.com/news/1398878. Government Action.” September 16, 2020. Committee for the of expression seem increasingly blurred. 6. BBC News. “Pakistan Votes to Amend Rape Laws.” Protection of Journalists. https://cpj.org/2020/09/as-ruling- November 15, 2006. BBC. http://news.bbc.co.uk/2/hi/ party-fans-spew-online-abuse-pakistans-female-journalists- It is also unclear who delivers justice south_asia/6148590.stm. call-for-government-action/. 7. Lari, Maliha Zia. “Rape Laws in Pakistan: A History of 20. News Desk. “Activist Arfana Mallah Forced To Apologize to those accused of blasphemy—the Injustice.” January 25, 2018 (originally published on April 07, For Condemning Professor’s Arrest On Blasphemy Charges.” state through enforcement of laws;25, 26 2014). Dawn. https://www.dawn.com/news/1096629. June 29, 2020. Nayadaur. https://nayadaur.tv/2020/06/ 8. Ghani, Faras. “Pakistan Failure to Outlaw Child Marriage activist-arfana-mallah-forced-to-apologise-for-condemning- 27 mobs whipped to frenzy; opportunistic Sparks Outcry.” January 19, 2016. AlJazeera. https://www. professors-arrest-on-blasphemy-charges/. aljazeera.com/news/2016/1/19/pakistan-failure-to-outlaw- politicians;28 televangelists;29 social media 21. Masood, Tooba. “Women are Battling a Spike in Online child-marriage-sparks-outcry. Threats After the Aurat March, But Does Anybody Care?” influencers;30 or all acting symbiotically.31 9. Khan, S. “Pakistan: Hardline Sunni Groups on Collision March 19, 2019. Dawn Images, https://images.dawn.com/ Course with Shiites”. September 14, 2020. DW News. https:// news/1182081. www.dw.com/en/pakistan-hardline-sunni-groups-on-collision- 22. Web Desk. ‘When Did Aurat March Organizers Speak Under the current blasphemy regime in course-with-shiites/a-54925086. Against Islam?’ wonders Islamabad High Court Chief 10. Ahmed, Asad. “A Brief History of the Anti-blasphemy Justice. March 06, 2020. Geo New. https://www.geo.tv/ Pakistan, accusations of blasphemy will Laws.” October 31, 2018. Herald Magazine. https://herald. latest/275922-when-did-the-aurat-march-organisers-speak- dawn.com/news/1154036. against-islam-wonders-ihcs-cj-minallah. likely continue to be used as a cudgel to 11. Ellis-Petersen, Hannah. and Baloch, Shah Meer. “Extreme 23. Hayat, Arif. “KP Assembly Unanimously Passes Resolution undermine opposition. While feminists Fear and Self-censorship’: Media Freedom Under Threat in Against Aurat March, Terming It ‘Shameful’”. March 21, 2019. Pakistan.” November 5, 2019. The Guardian, https://www. Dawn News. https://www.dawn.com/news/1470834. have long known that there is no ultimate theguardian.com/world/2019/nov/05/extreme-fear-and-self- 24. For example, bar associations declaring animal sacrifice censorship-media-in-pakistan-under-attack. appeasement of the ultra-right, women on Eid by the Ahmadiyya as tantamount to blasphemy; and 12. Amnesty International. “Pakistan: Enduring Enforced law enforcement arbitrarily slapping terrorism and seditions and minorities will continue to suffer as Disappearances.” Mar 27, 2019. Amnesty International. charges onto blasphemy cases. https://www.amnesty.org/en/latest/research/2019/03/ 25. BBC News. “Junaid Hafeez: Academic Sentenced to Death the state uses religion to gain political pakistan-enduring-enforced-disappearances/. for Blasphemy in Pakistan.” December 21, 2019. BBC News. legitimacy and panders to those using 13. Human Rights Watch. “This Crooked System: Police Abuse https://www.bbc.com/news/world-asia-50878432. and Reform in Pakistan.” 2016. Human Rights Watchl. https:// 26. Bhatti, Haseeb. “Supreme Court Acquits Aasia Bibi, 32 violence to make their point. www.hrw.org/sites/default/files/report_pdf/pakistan0916_ Orders Immediate Release.” November 06, 2018. Dawn News. web.pdf. https://www.dawn.com/news/1442396. 14. See also, UNOHCR Press Briefing on Pakistan. September 27. Nasir, Maliha. and Imran, Warda. “10 Months On: A 8, 2020. https://www.ohchr.org/EN/NewsEvents/Pages/ Timeline of Brutal Lynching of Mashal Khan.” Feb 07, 2018. DisplayNews.aspx?NewsID=26216&LangID=E. Express Tribune. https://tribune.com.pk/story/1628444/10- Evidence suggests that 15. E.g., the student solidarity march, climate justice march, months-timeline-brutal-lynching-mashal-khan. Aurat March, and the Pashtun Tahaffuz Movement, etc., all 28. Daur, Naya. “PTI Leader Files Blasphemy Complaint blasphemy laws are not only emerging on the national scene in 2018. Against Khawaja Asif For Saying All Religions Are Equal.” July 16. E.g., the Punjab Tahaffuz-e-Bunyad-e-Islam (Protection 13, 2020. Nayadaur. https://nayadaur.tv/2020/07/pti-leader- being increasingly invoked, of the Foundation/Fundamentals of Islam) Bill, 2020, which files-blasphemy-complaint-against-khawaja-asif-for-saying-all- discriminates against religious minorities and carries the religions-are-equal/. they are weaponised to stamp potential to further stoke sectarian violence if passed; the 29. Gannon, Kathy. “Minorities Under Attack as Prime National Plan of Action, 2015, which allows security agencies Minister Imran Khan Pushes ‘Tolerant’ Pakistan”. July 10, 2020. out dissent on a range of issues. to detain terrorists and more broadly, ‘trouble makers’, for The Diplomat. https://thediplomat.com/2020/07/minorities- up to 90 days without producing them in a court of law; The under-attack-as-prime-minister-imran-khan-pushes-tolerant- When read with other laws, the Defamation Ordinance 2000, and Pakistan Electronic Crimes pakistan/. Act, 2016, which criminalize defamation and curtail freedom 30. “Trolls Flood Social Media in Pakistan Amid Coronavirus lines between sacrilege, sedition, of speech; the Criminal Laws Amendment (Anti-Terrorism Lockdown.” August 21, 2020. Arab News. https://www. Bill), 2020, which proposes, amongst other things, to make arabnews.com/node/1725266/offbeat. dissidence, anti-statism, social intentional ridicule and bringing into disrepute or infamy the 31. Khan, M Ilyas. “Why was Pakistan General Giving Money Armed forces or a member thereof as an offence of ‘terror’, to Protesters?” November 29, 2017. BBC News. https://www. impropriety, and freedom of with up to 2 years’ imprisonment; and the Single National bbc.com/news/world-asia-42149535 . Curriculum, 2020, which, amongst other things, aims to 32. “The TLP’s Rise to Power Explained.” November, 16, 2020. expression seem increasingly centralize education in an effort to build a single, homogenous Samaa News. https://www.samaa.tv/news/2020/11/the-tlps- Pakistani nation, and erase from print, any materially found rise-to-power-explained/. blurred. culturally ‘inappropriate’, by a local government administrator. 26 arrow for change | vol. 26 no. 1 2020 resources

Compiled by Keshia Mahmood RESOURCES FROM THE Programme Officer, ARROW ARROW SRHR KNOWLEDGE Email: [email protected] SHARING CENTRE

ARROW’s SRHR Knowledge Sharing Centre (ASK-us) hosts a special collection of resources on gender, women’s rights, and sexual and reproductive health and rights (SRHR). It aims to make critical information on these topics accessible to all. ASK-us is also available online at http://www.srhr-ask-us.org/. To contact ASK-us, please email: [email protected].

ARTICLES AND BOOKS Amnesty International. Toxic States have an obligation to promote and Twitter – A toxic place for women. protect both gender equality and access Wang, Ping. “The Prosecution of Amnesty International, 2018. https:// to information. States must ensure that Taiwan Sexuality Researcher and www.amnesty.org/en/latest/ all barriers for women in accessing Activist Josephine Ho.” Reproductive research/2018/03/online-violence- information are eliminated. This briefing Health Matters 12, no. 23 (2004): 111- against-women-chapter-1/#topanchor. sets out the role of access to information 115. https://doi.org/10.1016/S0968- in achieving women’s empowerment and 8080(04)23116-0. This research highlights the particular tackling gender inequality, and provides experiences of violence and abuse on recommendations for governments and This article explores a case filed against Twitter against women of colour, women civil society. Josephine Ho, founder of the Center from ethnic or religious minorities, for the Study of Sexualities, National lesbian, bisexual or transgender women Shah, Svati P. “Sedition, Sexuality, Central University, Taipei, Taiwan, for – as well as non-binary individuals – and Gender, and Gender Identity in South ‘‘propagating obscenities that corrupt women with disabilities, to expose the Asia.” South Asia Multidisciplinary traditional values’’. Ho has been intersectional nature of abuse on the Academic Journal 20, (2019): 1-23. researching sexuality and supporting platform. The findings paint a worrying https://doi.org/10.4000/samaj.5163. freedom for marginalised sexual picture that Twitter can be a toxic place minorities for ten years. In a public for its female users. The company’s While there is a consensus that we statement in response to the charges, failure to meet its responsibilities are in a period of heightened official she said that the work of scholarly regarding violence and abuse means foreclosure of critical speech in South research must not be dictated by that many women are no longer able Asia, it would be wrong to presume prejudice and that differences in sexual to express themselves freely on the that this historical period is exceptional values should not be arbitrated by law platform without fear of violence or in this regard. This special issue of and should be open for public discussion. abuse. SAMAJ takes up the ways in which As the legal process began in January laws against sedition and other laws 2004, Ho’s supporters in Taiwan have Article 19. Tackling Gender Inequality controlling speech in South Asia are called for the preservation of the Taiwan Through Access to Information. being used by the governments there Constitutional decree on integrity and London: Article 19, 2020. https:// with increasing frequency—against autonomy of academic research and www.article19.org/resources/tackling- activists, lawyers and journalists. The freedom of expression on the internet, gender-inequality-through-access-to- issue is an examination of the uses of for the University to resist calls to information/. judicial and extrajudicial means to silence dismiss Ho from her post, and for respect dissent throughout South Asia, and with for freedom of speech and expression While the right to information is an eye toward the historical precedents and the right to create spaces to educate instrumental in ensuring physical, of particular contemporary instantiations people about non-normative sexualities. economic and political empowerment, of foreclosing and repressing critical women face structural obstacles and speech. barriers that undermine their ability to fully exercise this fundamental right. Under international human rights law, 27 resources arrow for change | vol. 26 no. 1 2020

Stone, Adrienne, Rishad Chowdhury digital rights movement in the region LGBTI movement to expand its political and Martin Clark. “The Comparative through the advocates’ areas of work, spectrum beyond ‘traditional’ issues, Constitutional Law of Freedom of challenges faced, and recommendations such as marriage equality and gender Expression in Asia.” In Comparative for advancing the movement. The identity, and confront other pressing civil Constitutional Law in Asia. Edited by conceptual framework proposes four rights concerns to assure the effective Rosalind Dixon and Tom Ginsburg, spheres of digital rights, as follows: and full equality of LGBTI communities in 227–249. Gloucestershire: Edward 1) conventional rights translated to the digital age. The goal of this chapter Elgar Publishing, 2014. https://doi. digital spaces, 2) data-centred rights, is to illuminate the problematic issues at org/10.4337/9781781002704. 3) rights to access to digital spaces and the intersection of LGBTI communities services, and 4) rights to participate and digital technologies. Constitutional protection of freedom in the governance of the digital or the of expression is virtually universal. Internet. Empirical observation of the Asian Forum for Human Rights and While freedom of expression has digital rights movement in Southeast Asia Development. Freedom of Expression particularly strong roots in the Western reveals that most work has been done on Under Threat: Perspectives From liberal political tradition, the arrival of conventional rights translated to digital Media And Human Rights Defenders constitutionalism in Asia has brought spaces. The lack of technical capacity In Asia. Bangkok: FORUM-ASIA, 2019. constitutional protection of freedom is a major gap in addressing digital https://www.forum-asia.org/uploads/ of expression with it. Most Asian rights violations that require a deeper wp/2019/07/Freedom-of-expression- constitutions, reflecting the international understanding of how the technology under-threat.pdf. consensus evident in the Universal functions. Declaration of Human Rights and the This publication attempts to raise International Covenant on Civil and Zalnieriute, Monika. “Digital Rights awareness about the threats and Political Rights (which were either in of LGBTI Communities: A Roadmap challenges faced by media and human existence or in the pipeline at the time for a Dual Human Rights Framework.” rights defenders in the current restrictive most Asian constitutions were adopted) In Research Handbook on Human and repressive environment in many afford explicit protection, in one form Rights and Digital Technology: Global countries in Asia. More awareness about or the other, to the right to speech and Politics, Law and International Relations. what is going on, and more awareness expression. However, just as Western Edited by Ben Wagner, Matthias C. about what could or should be done. The forms of constitutional law have been Kettemann and Kilian Vieth. 411–434. publication features various chapters adapted to the particular contexts of Gloucestershire: Edward Elgar Publishing, on issues, including: trends of killings Asian countries, understandings of 2019. https://doi.org/10.4337/97817853 and disappearances across Asia; doxing, freedom of expression too have been 67724.00030. persecution and violence threatening shaped by the distinctive political journalists in Indonesia; press freedom contexts and traditions of Asia. This book chapter aims to move and repressive laws in the Maldives; the beyond the existing narratives on blurring of lines between journalists and Tan, Jun-E. “Digital Rights in Southeast digital technologies and LGBTI rights by human rights defenders; hate culture in Asia: Conceptual Framework and sketching a preliminary roadmap for the India; hate speech against marginalised Movement Building.” In Exploring the development of a combined LGBTI and groups on social media; fake news in Nexus between Technologies and Human digital rights analytical framework and Asia; women in the digital age; cyber Rights: Opportunities and Challenges in research programme. Such a framework martial law in the Philippines; online Southeast Asia. Edited by Khoo Ying Hooi is necessary for two reasons. First, it is censorship, bots and hate speech in and Deasy Simandjuntak, 11-38. Bangkok: vital to address the growing complexity Pakistan; and ownership and independent SHAPE-SEA, 2019. http://shapesea.com/ of the implications of the Internet and media. wp-content/uploads/2019/12/Exploring- digital technology for human rights the-Nexus-Between-Technologies-and- that in reality go well beyond the so- Human-Rights-r3.pdf#page=19. called classical digital rights issues of censorship and surveillance, which have This book chapter builds a conceptual captured and even expropriated scholarly framework for digital rights by drawing and activist attention at the expense from digital rights advocates in Southeast of other pressing issues. Second, such Asia, and provides a snapshot of the a framework is instrumental for the 28 arrow for change | vol. 26 no. 1 2020 resources

Kim, Eunha, Jean Dinco, Louise such as privacy, non-discrimination, International Commission of Jurists. Suamen, Mike Hayes and Tilman health or other universally accepted Dictating the Internet: Curtailing Free Papsch. “The Impact of Securitisation on human rights, as well as demanding the Expression, Opinion and Information Marginalised Groups in the Asia Pacific: action of states under their international Online in Southeast Asia. 2019. Humanising the Threats to Security in and national law obligations to support https://www.icj.org/wp-content/ Cases from the Philippines, Indonesia and sexual health. uploads/2019/12/Southeast-Asia- China.” Global Campus Human Rights Dictating-the-Internet-Publications- Journal 1, no. 2 (2017): 414-434. https:// Reang, Putsata. Freedom of Expression Reports-Thematic-reports-2019-ENG.pdf. doi.org/20.500.11825/421. and Right to Information in Asean Countries: A Regional Analysis of Through analyses of legal frameworks Securitisation has a disproportionate Challenges, Threats and Opportunities. and selected cases throughout the impact on marginalised groups. London: Internews Europe, 2014. https:// region, this report maps out a general This article examines the impact of www.internews.org/sites/default/files/ pattern of abuse across the region, where securitisation on four groups of people: resources/InternewsEU_ASEAN_FoE_ legal provisions have been implemented the poor and children in Duterte’s ‘war and_RTI_Study_2014.pdf. in a way that curtails the rights to on drugs’ in the Philippines; female freedom of expression, opinion and North Korean refugees in China; and This study aims to assess the current information online. This trend is not new the LGBTI community in Indonesia. The state of the Freedom of Expression – Southeast Asian governments have, for article argues that the term ‘security (FoE) and Right to Information (RTI) decades, crafted and enforced the law to threats,’ does not adequately describe movements across Southeast Asia, both curtail expression and information, and the consequences of securitisation. The at the national and regional levels. The have in recent years extended these old term ‘human threats’ is more suitable as FoE landscape is visibly struggling across patterns of violation to the online sphere. it demonstrates that state securitisation the region in the face of increasing This report concludes by reasserting that impacts humans and their rights, and threats within national borders, including international human rights law not only that the existential threats have real-life from a cross-regional domino effect remains relevant, but that its application consequences. of regressive laws and policies. With is needed, now more than ever in the external and regional support dwindling, digital age, to protect the exercise of Miller, Alice M., Eszter Kismödi, and a lack of recognition for FoE as a rights online as well as offline. Jane Cottingham and Sofia Gruskin. concept worthy of support in its own “Sexual Rights as Human Rights: A Guide right, the report concludes particularly Cherevko, Antonina. Covid-19 and to Authoritative Sources and Principles that there is – across the region – the the Impact on Freedom of Expression, for Applying Human Rights to Sexuality demand and potential for achieving Access to Information and Freedom of and Sexual Health.” Reproductive Health greater impact with an evidence-based, the Media. International Media Support Matters 23, no. 46 (2015): 16-30. https:// region-wide strategy to reinforce and (IMS), 2020. file:///D:/Users/User/ doi.org/10.1016/j.rhm.2015.11.007. complement national-level initiatives. Downloads/Covid-19-and-FoE-analysis- AC-layout.pdf. This Guide seeks to provide insight and resources to actors interested in the Looking for a particular This paper provides an overview of the development of rights claims around resource material? trends and challenges to freedom of sexuality and sexual health. After expression, freedom of the media and engaging with the vexed question of the access to information stemming from scope of sexual rights, it explores the ASK-us national governments’ responses to the rules and principles governing the way in Coronavirus pandemic. It considers some which human rights claims are developed of the most pressing issues pertaining and applied to sexuality and sexual to media such as procedural shortfalls, health, and how that development is disinformation, hate speech, troubles in linked to law and made a matter of state accessing information and impediments obligation. This understanding is critical to journalistic freedom. to policy and programming in sexual health and rights, as it supports calling on the relevant range of human rights, 29 resources arrow for change | vol. 26 no. 1 2020

new forms of State regulation that and penalties, protects life and health OTHER threaten the very existence of a free and enables and promotes critical and open Internet. The activities of the social, economic, political and other RESOURCES private sector also have an outsized policy discussions and decision-making. impact on the freedom of expression It urges an approach to address the United Nations Educational, Scientific of millions of users, given their role as problem of misinformation that fosters and Cultural Organization. Freedom of gatekeepers of the global exchange of public correction of rumours and the information: The right to know. UNESCO, information and ideas. calling out of harmful chicanery and 2011. https://unesdoc.unesco.org/ that avoids driving such misinformation ark:/48223/pf0000193653. United Nations Human Rights. Report into places where conspiracy theories on content regulation. https://www. defeat rigorous scientific assessments This document is a compilation of undocs.org/A/HRC/38/35. and public health warnings—one rooted resources, presentations and panel in legal frameworks that promote the discussions during the UNESCO World In the first-ever UN report that examines sharing of reliable information. Press Freedom Day 2010 conference, the regulation of user-general online titled: Freedom of Information: Current content, the Special Rapporteur examines Status, Challenges and Implications for the role of States and social media FILMS/DOCUMENTARIES News Media. Despite significant progress companies in providing an enabling and emergence of a world community of environment for freedom of expression Joshua: Teenager vs. Superpower advocates for freedom of information, and access to information online. In (2017) is a documentary about Hong there are still many factors constraining the face of contemporary threats such Kong pro-democracy activist Joshua advance toward fully achieving its as “fake news” and disinformation and Wong’s role as a student leader during promise to empower individuals and online extremism, the Special Rapporteur the 2014 Occupy protests. Wong first further accountability, transparency urges States to reconsider speech-based hit the headlines after leading a protest and the fight against corruption. This restrictions and adopt smart regulation in 2012, when he was just 14 years old, publication reviews some of the main targeted at enabling the public to eventually forcing the government to issues and challenges, stressing the make choices about how and whether scrap its controversial national education contribution of traditional news media to engage in online fora. The Special curriculum. More on the documentary and information and communication Rapporteur also conducts an in-depth at: https://www.scmp.com/news/hong- technologies (ICTs) in facing them. investigation of how Internet companies kong/politics/article/2092265/netflix- moderate content on major social releases-trailer-documentary-about-hong- United Nations Human Rights. Report media platforms, and argues that human kong-pro and https://www.youtube.com/ on freedom of expression, states and the rights law gives companies the tools to watch?v=7lN9_mQq2mQ&feature=emb_ private sector in the digital age. https:// articulate their positions in ways that logo. www.undocs.org/A/HRC/32/38. respect democratic norms and counter authoritarian demands. Shouting Fire: Stories from the Edge of This report provides an overview Free Speech (2009) is a documentary that of the regulatory ecosystem that United Nations Human Rights. Disease delves into the history and current state of underpins the Internet and trends in pandemics and the freedom of opinion the First Amendment to the United States State and private action that implicate and expression. https://undocs.org/A/ Constitution. Detailing how the protection freedom of expression online. Online HRC/44/49. and exercise of free speech has changed expression is increasingly mediated and how global politics influences these through private networks and platforms This report outlines the steps that are trends, the film studies a number of free created, maintained and operated by a necessary and appropriate to protect speech cases, many of them post-9/11. diverse range of companies commonly everyone’s right to freedom of opinion With comments from a range of scholars, referred to as the Information and and expression during the COVID-19 students and political pundits, “Shouting Communications Technology (“ICT”) health crisis and any future pandemic. Fire” presents a fascinating insight sector. While the rapid growth of the The report is based on the premise into of one of the cornerstones of U.S. ICT sector has led to unprecedented that, particularly in the face of a global democracy. More on the documentary at: opportunities for access to information pandemic, the free flow of information, https://www.youtube.com/watch?v= and communication, it has also triggered unhindered by threats and intimidation LR6O9-9sJ38&feature=emb_logo. 30 arrow for change | vol. 26 no. 1 2020 definitions

Hooligan Sparrow (2016) follows this article carries with it special duties Reproductive Rights: “[E]mbrace maverick activist Ye Haiyan (aka Hooligan and responsibilities. It may therefore be certain human rights that are already Sparrow) and her band of colleagues subject to certain restrictions, but these recognised in national laws, international to Hainan Province in southern China shall only be such as are provided by law human rights documents, and other to protest the case of six elementary and are necessary: (a) For respect of the consensus documents. These rights rest school girls who were sexually abused rights or reputations of others; (b) For on the recognition of the basic right of all by their principal. Marked as enemies the protection of national security or of couples and individuals to decide freely of the state, the activists are under public order (ordre public), or of public and responsibly the number, spacing, constant government surveillance and health or morals.1 and timing of their children and to have face interrogation, harassment, and the information and means to do so, and imprisonment. Sparrow, who gained Freedom of Information: Freedom of the right to attain the highest standard notoriety with her advocacy work for sex Information can be defined as the right to of sexual and reproductive health. It also workers’ rights, continues to champion access information held by public bodies. includes their right to make decisions girls’ and women’s rights and arms It is an integral part of the fundamental concerning reproduction free of herself with the power and reach of right of freedom of expression, as discrimination, coercion, and violence, as social media. More on the documentary recognized by Resolution 59 of the UN expressed in human right documents.”4 at: https://hooligansparrow.com/. General Assembly adopted in 1946, as well as by Article 19 of the Universal Sexual Health: “A state of physical, “Impunidade mata” (“Impunity kills”) Declaration of Human Rights (1948), emotional, mental and social well-being (2015) is a mini documentary which which states that the fundamental right in relation to sexuality; it is not merely tells the story of investigative journalist of freedom of expression encompasses the absence of disease, dysfunction Rodrigo Neto, killed by three gunshots the freedom to “to seek, receive and or infirmity. Sexual health requires a in 2013, in the city of Ipatinga, in Brazil. impart information and ideas through any positive and respectful approach to The film reflects on how to address media and regardless of frontiers”.2 sexuality and sexual relationships, as well the involvement of political authorities as the possibility of having pleasurable and police in crimes against freedom of Reproductive Health: “A state of and safe sexual experiences, free of expression. More on the documentary complete physical, mental and social coercion, discrimination, and violence. at: https://www.youtube.com/ well-being and not merely the absence of For sexual health to be attained and watch?v=aQU-NVuV_EQ. disease or infirmity, in all matters relating maintained, the sexual rights of all to the reproductive system and to its persons must be respected, protected, functions and processes. Reproductive and fulfilled.”5 health therefore implies that people are DEFINITIONS able to have a satisfying and safe sex Sexual Rights: “[E]mbrace human life and that they have the capability to rights that are already recognised in Compiled by Evelynne Gomez reproduce and the freedom to decide if, national laws, international human Programme Officer, ARROW when and how often to do so. Implicit in rights documents, and other consensus Email: [email protected] this last condition are the right of men documents. They include the rights of all and women to be informed and to have persons, free of coercion, discrimination, access to safe, effective, affordable and and violence, to the highest attainable acceptable methods of family planning standard of health in relation to Freedom of Expression: “Everyone of their choice, as well as other methods sexuality, including access to sexual shall have the right to hold opinions of their choice for regulation of fertility and reproductive healthcare services; without interference. Everyone shall which are not against the law, and the seek, receive, and impart information in have the right to freedom of expression; right of access to appropriate health-care relation to sexuality; sexuality education; this right shall include freedom to seek, services that will enable women to go respect for bodily integrity; choose their receive and impart information and safely through pregnancy and childbirth partner; decide to be sexually active ideas of all kinds, regardless of frontiers, and provide couples with the best chance or not; consensual sexual relations; either orally, in writing or in print, in of having a healthy infant.”3 consensual marriage; decide whether the form of art, or through any other or not, and when, to have children; and media of his choice. The exercise of the pursue a satisfying, safe, and pleasurable rights provided for in paragraph 2 of sexual life.”6 31 definitions arrow for change | vol. 26 no. 1 2020

Sexuality: “Sexual health cannot be values, behaviours, practices, roles, and 2. Article 19 of the Universal Declaration of Human rights. https://www.ohchr.org/EN/UDHR/Pages/Language. defined, understood or made operational relationships. While sexuality can include aspx?LangID=eng. without a broad consideration of all of these dimensions, not all of them 3. United Nations, “Programme of Action Adopted at the International Conference on Population and Development sexuality, which underlies important are always experienced or expressed. Cairo,” 5–13 September 1994, 20th Anniversary Edition (New behaviours and outcomes related to Sexuality is influenced by the interaction of York: UNFPA, 2014), para 7.2, http://www.unfpa.org/sites/ sexual health. The working definition of biological, psychological, social, economic, default/ files/pub pdf/programme_of_action_Web%20 ENGLISH.pdf. sexuality is: …a central aspect of being political, cultural, legal, historical, 4. United Nations, “Programme of Action,” para 7.3. human throughout life encompasses religious, and spiritual factors.”7 5. This is a working definition, not an official WHO position. See: WHO, “Sexual and Reproductive Health,” http://www.who. sex, gender identities and roles, sexual int/reproductivehealth/topics/gender_rights/sexual_health/ orientation, eroticism, pleasure, Notes & References en/. 6. WHO, “Sexual and Reproductive Health.” intimacy and reproduction. Sexuality is 1. Article 19 of the International Covenant on Civil and Political 7. Extracted from WHO website: http://www.who.int/ experienced and expressed in thoughts, Rights. https://www.ohchr.org/en/professionalinterest/pages/ reproductivehealth/topics/sexual_health/sh_definitions/en/. ccpr.aspx. fantasies, desires, beliefs, attitudes, factfile

By Sai Jyothirmai Racherla FREEDOM OF SPEECH AND Deputy Executive Director, ARROW EXPRESSION AND SEXUAL AND Email: [email protected] REPRODUCTIVE HEALTH AND RIGHTS: Connections and Contemporary Context in the Asia Pacific Region

The Global Expression Report 2018-19 exercising their right to freedom of that restricts freedom of expression, documents over 90% of the people expression, access to information as well peaceful assembly and association. in the Asia and the Pacific region as engagement in civic space. Internet shutdowns are frequent and live in countries which saw a decline have been documented in countries like in Freedom of Expression over the At the policy level, this stifling of Sri Lanka, India, Singapore, Thailand, last decade.1 Threats to freedom of freedom of expression, opinion and and Vietnam in the recent past, further expression and access to information information, is orchestrated via the restricting freedom of expression and including sexual and reproductive health enactment and implementation of laws access to information.3 and rights (SRHR), particularly online in respective countries. The colonial- expression, are on an increase in the era penal provisions such as sedition, The right to freedom of expression and Asia Pacific region.2 A rise in populism, obscenity acts, penal codes, and access to information is established fundamentalism, misogynistic, sexist national security measures in the form of in international conventions, treaties, and homophobic environments, hate criminal defamation and cyber security UN conferences, and has its origins in speech normalising violence against legislations, further impede the right to the first session of the United Nations’ women, young people and gender non- freedom of expression and access General Assembly as “a fundamental conforming persons, and socio-cultural to information, including on sexuality. In human right”.4 Furthermore, the right barriers steeped in patriarchy continue the current COVID-19 crisis this right is to freedom of expression and access to to exclude young people, women and under threat as an excuse to adopt information has been guaranteed globally marginalised communities from aggressive laws, including emergency, through Article 19 of the Universal 32 arrow for change | vol. 26 no. 1 2020 factfile

Declaration of Human Rights and Article rights, including SRHR, and extends to At the 1994 International Conference 19 of the International Covenant on Civil the realm of online and offline settings on Population and Development (ICPD) and Political Rights.5 in the contemporary context in the Asia Programme of Action,6 and the Beijing Pacific region. Platform for Action (table), governments Article 19 in the Universal Declaration endorsed the right to be informed on of Human Rights establishes, “Everyone Sexuality and SRHR information and SRHR. Furthermore, the UN Committee has the right to freedom of opinion and services, have clear connections in on Economic, Social and Cultural Rights, expression; this right includes freedom to the established right to freedom of noted in its general comment in 2000 hold opinions without interference and to expression and access to information. that the right to health is connected and seek, receive and impart information and This builds from the fact that all human dependent on the realisation of rights ideas through any media and regardless rights—political, civil, social, cultural and such as the right to information. The of frontiers.” This right is fundamental to economic—are equal in importance and Committee further recommended that participation, accountability, sustainable none can be fully enjoyed without the States should implement “all possible development and exercise of all other others. measures”.7 The reference to 33 factfile arrow for change | vol. 26 no. 1 2020

“all possible measures” can expand to All human rights treaties/ court in 2017, and shines positive light on include the right to information around frameworks (table1), expound the ability of rights activists to challenge comprehensive sexuality education, rights violations and over-criminalisation gender equality, sexuality, contraception, the right to freedom of of sexuality.14 abortion, infertility, pregnancy expression and access to SRHR including risk of early pregnancy and information for all persons in Thirdly, across the region, gender and closely-spaced pregnancies, childbirth all their diversity. sexuality is encountered with threats and well-being, reproductive tract and violence. In the recent past we infections, sexually transmitted diseases have witnessed online harassment including HIV/AIDS, and cancers of the Secondly, restrictive donor policies and persecution of women human reproductive system among other sexual around SRHR information and services, rights defenders, and lesbian, gay, and reproductive health and rights. such as the Global Gag Rule, introduced bisexual, trans and queer (LGBTIQ+) in 2017, requiring NGOs receiving activists across countries in the region, KEY TRENDS IN THE REGION THAT ARE funding from United States to certify that particularly in Indonesia, Malaysia, NEGATIVELY IMPACTING OBLIGATIONS they do not engage in abortion-related Pakistan, and Bangladesh.15 While OF THE STATES TO COMPLY WITH activities, including counselling, referral Pakistan’s recent Transgender Persons INTERNATIONAL COMMITMENTS and advocacy on the access to safe (Protection of Rights) Act, is one step AND CONSTITUTIONAL PROVISIONS abortion information and services. This forward, organised criminal gangs PERTAINING TO RIGHT TO FREEDOM rule is having a major impact on women have continued to target transgender OF EXPRESSION, AND ACCESS TO and girls in the region. communities for their work on human INFORMATION INCLUDING SRHR. rights through sexual violence, gang Further to this, all human rights treaties/ rapes, and murder. In Indonesia, in 2018, Firstly, countries in the region are frameworks (refer to the table on page policemen raided beauty salons in Aceh, witnessing a systematic crack down on 31), expound the right to freedom detaining 12 trans rights activists and critical and progressive voices. Human of expression and access to SRHR forcing them to publicly undress and rights defenders, activists, and NGOs information for all persons in all their have their hair cut.16 Restrictive laws in the region increasingly face criminal diversity. This implies States should take and regulations relating to expression of charges of “sedition” and “defamation” measures to ensure SRHR information sexual orientation and gender identity for expressing critical opinions. Civil does not discriminate against groups have also contributed to increased stigma society in many countries in the such as unmarried women, young and harassment in health-care settings region face the challenge of fighting people, ethnic, indigenous and minority for LGBTIQ persons seeking sexual health threats to freedom of expression from groups, gender non-conforming or any care and services, including refusal content restrictions, imposing legal other groups or individuals. It is the of admission of services and a lack of and administrative requirements and core obligation of States to ensure the comprehensive health services tailored other censorships. For example, the repeal of laws, policies and practices to their needs.17 recent adoption of the Indian Foreign that criminalise, obstruct or undermine Contribution (Regulation) Amendment access to sexual and reproductive health Bill 2002 (FCRA) in India, fails to comply information and services.12 It is the core obligation of with India’s international obligations and States to ensure the repeal of constitutional provisions around the right In Indonesia, the Constitutional Court laws, policies and practices to freedom of expression, association received a petition seeking to criminalise and assembly. Restrictions in the bill consensual, same-sex behaviour and that criminalise, obstruct or will further threaten and harass civil increase penalties for sexual activity out undermine access to sexual society, human rights advocates, and of wedlock. The proposed amendments and reproductive health restrict access to funding including for to the Penal Code included limits on the information and services. smaller youth-led, youth-serving SRHR distribution of contraceptive supplies and and women organisations and this will on the provision of information about have an impact at the grassroots and contraception, which goes against human around sustainable, human rights-based rights obligations of the state.13 This development work.11 petition was narrowly but successfully rejected by Indonesia’s constitutional 34 arrow for change | vol. 26 no. 1 2020 factfile

The right to freedom of expression, and Notes & References access to information is crucial to the 1. Article19. “Global Expression Report. ASIA PACIFIC: realisation of SRHR in its entirety for all Regional Overview.” 2019. Article19.org. https://www. article19.org/reader/global-expression-report-2018-19/ persons in all their diversity. These rights regional-overviews/asia-pacific-regional-overview/. 2. Article19. Asia Pacific. https://www.article19.org/ are inter-dependent and cannot exist in regional-office/asia-pacific. silos and the realisation of one right is 3. Ibid. 4. Retrieved from UN General Assembly Resolution 59(1), 14 squarely dependent on the realisation of December 1946. 5. Article19. “Time For Change: Promoting and Protecting all other rights. The connection is best Access To Information and Reproductive and Sexual Health expressed in Yogyakarta Principle 19, Rights in Peru.” January 2006. https://www.article19.org/ data/files/pdfs/publications/peru-time-for-change.pdf. which succinctly looks at the linkages 6. Programme of Action of the International Conference on of freedom of expression and access Population and Development, Cairo, 5-13 September 1994, UN doc. A/CONF.171/13, 18 October 1994, para. 7.2. The to information to sexuality, sexual and Conference was global, being attended by representatives from 183 countries, of whom 155 made statements (UN reproductive health and rights: “Everyone doc. A/CONF.171/13, 18 October 1994). This statement is has the right to freedom of opinion replicated in paragraph 96 of the Beijing Platform for Action: Fourth World Conference on Women, 15 September 1995, A/ and expression, regardless of sexual CONF.177/20 (1995). 7. Article19. “Time For Change: Promoting and Protecting orientation or gender identity. This Access To Information and Reproductive and Sexual Health includes the expression of identity or Rights in Peru.” January 2006. https://www.article19.org/ data/files/pdfs/publications/peru-time-for-change.pdf. personhood through speech, deportment, 8. Retrieved from UN doc. A/CONF.171/13, 18 October 1994. dress, bodily characteristics, choice 9. UN Women. The United Nations Fourth World Conference on Women. September 1995. UN. https://www.un.org/ of name, or any other means, as well womenwatch/daw/beijing/platform/health.htm. 10. The Yogyakarta Principles are a set of principles on the as the freedom to seek, receive and application of international human rights law in relation to impart information and ideas of all kinds, sexual orientation and gender identity. The Principles affirm binding international legal standards with which all States including with regard to human rights, must comply. They promise a different future where all people born free and equal in dignity and rights can fulfil that sexual orientation and gender identity, precious birth right. through any medium and regardless of 11. Seiderman, Ian. “India: FCRA Amendment 2020 will undermine the work of Civil Society.” September 24, 2020. 18 frontiers.” International Commission of Jurists. https://www.icj.org/ india-fcra-amendment-2020-will-undermine-the-work-of-civil- society/. 12. Boram, Jang. “ICJ webinar highlights States’ international The right to freedom of human rights obligations to decriminalize abortion and ensure access to safe and legal abortion.” September 29, 2020. expression, and access to International Commission of Jurists. https://www.icj.org/ icjs-international-safe-abortion-day-webinar-highlighted- information is crucial to the states-international-human-rights-obligations-to-decriminalize- abortion-and-ensure-access-to-safe-and-legal-abortion/. realisation of SRHR in its 13. United Nations General Assembly. “Report of the Special Rapporteur on the right of everyone to the enjoyment of the entirety for all persons in all highest attainable standard of physical and mental health on his mission to Indonesia.” April 5, 2018. https://documents- their diversity. These rights are dds-ny.un.org/doc/UNDOC/GEN/G18/084/20/PDF/ G1808420.pdf?OpenElement. inter-dependent and cannot 14. Beo Da Costa, Agustinus. “Indonesia court rejects petition to bar consensual sex outside marriage.” December 14, 2017. exist in silos and the realisation Reuters. https://www.reuters.com/article/us-indonesia- court-adultery-idUSKBN1E80BI. of one right is squarely 15. Article19. “Global Expression Report. ASIA PACIFIC: Regional Overview.” 2019. Article19.org. https://www. dependent on the realisation article19.org/reader/global-expression-report-2018-19/ regional-overviews/asia-pacific-regional-overview/asia- of all other rights. pacific-countries-in-focus/country-in-focus-malaysia/. 16. Ibid. 17. United Nations General Assembly. “Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on his mission to Indonesia.” April 5, 2018. https://documents- dds-ny.un.org/doc/UNDOC/GEN/G18/084/20/PDF/ G1808420.pdf?OpenElement. 18. Yogyakarta Principles. The Yogyakarta Principles plus 10. https://yogyakartaprinciples.org/.

We would also like to thank the following individuals who contributed their ideas during the conceptualisation of the bulletin: Aarushi Khanna, Biplabi Shrestha, Evelynne Gomez, Deepa Chandra, Fara Rom, Garima Shrivastava, Kamal Gautam, Keshia Mahmood, Lyana Khairuddin, Menka Goundan, Momota Hena, Nawmi Naz Chowdhury, Prakriti Naswa, Pramada Menon, Rachel Arinii, Sai Jyothirmai EDITORIAL TEAM Racherla, Shamala Chandrasekaran, and Sivananthi Thanethiran. Sivananthi Thanenthiran Executive Director, ARROW ARROW for Change (AFC) is a peer-reviewed thematic bulletin that aims to contribute a Southern/Asia-Pacific, rights-based, and women-centred analyses Evelynne Gomez and perspectives to global discourses on emerging and persistent issues related Managing Editor and Programme Officer for to health, sexuality, and rights. AFC is produced in English, and is translated into Information and Communications, ARROW selected languages several times yearly. It is primarily for Asian-Pacific and global decision-makers in women’s rights, health, population, and sexual and reproductive Sai Jyothirmai Racherla health and rights organisations. The bulletin is developed with input from key Deputy Executive Director, ARROW individuals and organisations in Asia and the Pacific region and the ARROW SRHR Knowledge Sharing Centre (ASK-us!). INTERNAL REVIEWERS Biplabi Shrestha This publication is made possible by funding support from the Ford Foundation, Programme Director, ARROW Foundation for a Just Society, and Right Here Right Now. Garima Shrivastava Programme Manager, ARROW Nawmi Naz Chowdhury This work is licensed under the Creative Commons Attribution- Programme Manager, ARROW Non-Commercial 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/4.0/. EXPERT EXTERNAL REVIEWERS Any part of the text of the publication may be photocopied, reproduced, stored Bishakha Datta in a retrieval system, or transmitted in any form by any means, or adapted and Executive Director, Point of View translated to meet local needs, for non-commercial and non-profit purposes. All forms of copies, reproductions, adaptations, and translations through mechanical, Farhanah electrical, or electronic means should acknowledge ARROW as the source. A copy Digital Security Trainer, Digital Defenders of the reproduction, adaptation, and/or translation should be sent to ARROW. For Partnership commercial use, request for permission at [email protected]. The copyright for images used remains with respective copyright holders. Jac SM Kee Feminist Activist All issues of the AFC can be downloaded for free at arrow.org.my.

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