Asia Overview
229
in its Electronic Information and Transaction Law, which was unsuccessfully challenged in the Constitutional Court by a group of bloggers and media rights advocates.
35 Other sections of the same law prohibit dissemination of information intended
to invoke hatred or hostility toward groups based on race, ethnicity, or religion, which
caused the law to be invoked during the controversial “ Everybody Draw Mohammed
Day. ”
36 Controversy over the release of Indonesian celebrity sex videos led to a crackdown on pornographic Web sites and the government introducing the Trust Positive
keyword-fi ltering system.
37 Pakistan has strict antiblasphemy laws, and the Supreme
Court has ordered the Pakistan Telecommunication Authority to block access to Web
sites with blasphemous content.
38
This type of legislation is not unique to the authoritarian regimes of the region.
South Korea ’ s Telecommunications Business Act forbids communications that “ harm
the public peace and order or social morals and good customs. ”
39 Malaysia ’ s Communications and Multimedia Act prohibits content deemed “ indecent, obscene, false,
menacing or offensive in character, ” with violators risking fi nes and jail time.
40 Filtering and takedown notices in Thailand also focus heavily on content deemed offensive,
with the country ’ s l è se-majest é laws targeting any negative remarks aimed at the
monarchy. Combating this type of speech online has been deemed the top priority of
Thailand ’ s Ministry of Information and Technology.
41 More than three-quarters of the
75,000 orders blocking Web sites since the introduction of Thailand ’ s ComputerRelated Offenses Act in 2007 have been based on l è se-majest é laws.
42
Alongside this increase in legislative and regulatory capacity has come the arrest of
bloggers for content deemed politically sensitive, libelous, or against the public order.
In Malaysia, numerous individuals have been charged for content posted online,
including alleged insults to the monarchy
43 and the posting of a satirical article about
the state power company.
44 In Bangladesh there have been several raids on television
stations and newspapers critical of state offi cials, and journalists have been arrested
for defaming the ruling government.
45
Similarly, in South Korea individuals have been charged or investigated for posting
online content identifi ed as rumors, defamation, or misinformation. Online discussion
following the sinking of a South Korean warship and the shelling of a South Korean
island led to the arrest of several individuals charged with spreading “ groundless
rumors. ”
46 However, a December 2010 Constitutional Court ruling in the country may
affect how such prosecutions are handled in the future. Following the acquittal of the
blogger known as Minerva, the court ruled that the law under which bloggers had
been prosecuted violated freedom of speech as guaranteed in the constitution.
47
Numerous bloggers in China have also been imprisoned for posting content deemed
controversial or politically sensitive. For example, a Twitter user was arrested for retweeting a sarcastic message about the recent naval confl ict with Japan,
48 while an activist
for families affected by the milk scandal was imprisoned for two and a half years.
49
229
in its Electronic Information and Transaction Law, which was unsuccessfully challenged in the Constitutional Court by a group of bloggers and media rights advocates.
35 Other sections of the same law prohibit dissemination of information intended
to invoke hatred or hostility toward groups based on race, ethnicity, or religion, which
caused the law to be invoked during the controversial “ Everybody Draw Mohammed
Day. ”
36 Controversy over the release of Indonesian celebrity sex videos led to a crackdown on pornographic Web sites and the government introducing the Trust Positive
keyword-fi ltering system.
37 Pakistan has strict antiblasphemy laws, and the Supreme
Court has ordered the Pakistan Telecommunication Authority to block access to Web
sites with blasphemous content.
38
This type of legislation is not unique to the authoritarian regimes of the region.
South Korea ’ s Telecommunications Business Act forbids communications that “ harm
the public peace and order or social morals and good customs. ”
39 Malaysia ’ s Communications and Multimedia Act prohibits content deemed “ indecent, obscene, false,
menacing or offensive in character, ” with violators risking fi nes and jail time.
40 Filtering and takedown notices in Thailand also focus heavily on content deemed offensive,
with the country ’ s l è se-majest é laws targeting any negative remarks aimed at the
monarchy. Combating this type of speech online has been deemed the top priority of
Thailand ’ s Ministry of Information and Technology.
41 More than three-quarters of the
75,000 orders blocking Web sites since the introduction of Thailand ’ s ComputerRelated Offenses Act in 2007 have been based on l è se-majest é laws.
42
Alongside this increase in legislative and regulatory capacity has come the arrest of
bloggers for content deemed politically sensitive, libelous, or against the public order.
In Malaysia, numerous individuals have been charged for content posted online,
including alleged insults to the monarchy
43 and the posting of a satirical article about
the state power company.
44 In Bangladesh there have been several raids on television
stations and newspapers critical of state offi cials, and journalists have been arrested
for defaming the ruling government.
45
Similarly, in South Korea individuals have been charged or investigated for posting
online content identifi ed as rumors, defamation, or misinformation. Online discussion
following the sinking of a South Korean warship and the shelling of a South Korean
island led to the arrest of several individuals charged with spreading “ groundless
rumors. ”
46 However, a December 2010 Constitutional Court ruling in the country may
affect how such prosecutions are handled in the future. Following the acquittal of the
blogger known as Minerva, the court ruled that the law under which bloggers had
been prosecuted violated freedom of speech as guaranteed in the constitution.
47
Numerous bloggers in China have also been imprisoned for posting content deemed
controversial or politically sensitive. For example, a Twitter user was arrested for retweeting a sarcastic message about the recent naval confl ict with Japan,
48 while an activist
for families affected by the milk scandal was imprisoned for two and a half years.
49