Repression by Legal Means: Governments' Anti-Fake News Lawfare

Abstract

The use of anti-fake news laws by governments to censor and criminalise critics and opponents is on the rise globally. We identify major trends and patterns regarding this form of lawfare in South and Southeast Asia, two regions with a large share of the world's population, very high numbers of social media users, and a range of electoral democratic and authoritarian systems. Law-enforcement agencies have expanded definitions of "fake news" to include criticisms of and opposition to the government, to further crack down on dissent. Fake news charges are often associated with other serious crimes, from criminal defamation to treason. Key targets of fake news allegations include journalists and activists who rely on online platforms. Anti-fake news laws have increased illiberal governments' coercive power over such platforms to take down civil society actors' content and accounts, therewith denying them the space and capacity to operate. Civil society targets face protracted legal battles incurring massive financial burdens and threats of imprisonment, which deplete their resources and energy. This has led many to self-censor or disengage from advocacy. Despite this downwards trend, certain civil society actors have fought back against the misuse of these laws. Their tactics range from legal pushbacks to policy advocacy. Therein lies the potential for civil society resilience and resistance against an emerging pattern of repression.