Artistic Freedom Report (2023 – 2024) : Everything, everywhere, all at once

The key findings and analysis of violations of artistic freedom in Malaysia, Thailand, Indonesia, Vietnam, Cambodia and The Philippines from the Southeast Asia Artistic Freedom RADAR Project, 2023-2024.

Figure 1

The Southeast Asia Artistic Freedom RADAR[1] documented 182 challenges to artistic freedom in Cambodia, Indonesia, Malaysia, the Philippines, Thailand and Vietnam between 1 Jan 2023 and 31 Dec 2024. The data, collected and analysed by in-country researchers, revealed some shifts in the patterns of oppression compared to previous years. Other aspects stayed constant, or intensified.

Background

Four countries held general elections during this period, resulting in a worrying dynastic turn in regional leadership. Elections in Cambodia and the Philippines installed scions of past presidents. In Cambodia, Hun Manet assumed the prime ministership from his father Hun Sen. Bongbong Marcos Jr.,  the son of Marcos Sr., deposed in 1986, became the 17th president of the Philippines. The new vice-presidents in Indonesia and the Philippines are each the offspring of immediate past presidents. In Indonesia, the appointment of ex-general Prabowo Subianto marked a shift towards increased state control. Thailand’s Move Forward party, which campaigned on a promise to address the country’s strict  lèse-majesté laws, won but was thwarted through a series of politics manoeuvres that denuded the party’s power and cost its leader Pita Limjaroenrat, the Prime Ministership. In Vietnam, Nguyễn Phú Trọng, considered the paramount leader, passed away in 2024, leading to new leadership. Although Malaysia’s election was in 2022, the aftereffects continue to reverberate across the arts and culture sector.  

Existing within these political environments, challenges and violations of artistic freedom in the region reflect an increasingly stressed civic space in all the countries under study. 

Cases Overview

Figure 2

182 cases over the 24-month period, marks a flaring of incidents compared to the previous three years. The low case numbers between 2020 – 2022 may also be attributed to the impact of Covid on live performances and cultural events. Between 2023 – 2024, Indonesia had the highest record of cases at 67, a sharp increase over a 5 year period. This was followed by Malaysia with 50 cases and Vietnam, 21.  Philippines’ 16 cases  and Thailand’s 15 both continue a slow upward trend. In Cambodia, the incline over 5 years is steeper,  indicating that arts and culture are coming under greater scrutiny there.  

Forms targeted

Figure 3

RADAR documented challenges to a range of artistic forms, heritage and  cultural practices,

including everyday cultural and creative expressions or objects, broadly organised under eight forms as detailed in Figure 3. The three top forms targeted were music, film & broadcast and visual arts.  

Music topped with 66 cases, 44 of which were recorded in Indonesia. Adrian Jonathan Pasaribu attributes this to a slew of directives from regional authorities prohibiting popular music such as organ tunggal, remix music and electronic music, ostensibly to control drug and other vice activities associated with these forms. In implementation, authorities went so far as to shut down community and private events such as weddings, circumcision ceremonies and birthday parties. It was only in Indonesia that blanket bans on whole genres such as these were enacted. The rights of musicians to practice their art and receive remuneration, as well as the rights of the public to access arts and culture were violated by these directives.

There were 43 cases of films, TV and streaming series recorded, led by Malaysia (12 cases), the Philippines (11) and Vietnam (10 cases), and Indonesia (7). Ten of the Malaysian cases were subjected to moral policing. Two, Man on the Run and Pagari Bulan, were targeted for political content. In Vietnam, as noted by Linh Le in her report, territorial disputes with China led the public and the state to actively target films or serials that featured the 9-dash line. Most of the Philippines cases were of films and broadcasts. Katrina Santiago’s report attributes this uptick to the appointment of a new conservative head of the national film and TV regulator by President Marcos Jr.

Visual arts recorded 19 cases. Seven in Thailand, 4 in Malaysia, and 2 each in Cambodia, Philippines, Vietnam and Indonesia. Twelve out of the 19 works dealt with political themes. These cases tended to elicit harsher methods of oppression. Satirical images posted on social media by two Thai artists, Topat, and Tum Jiwa resulted in both facing prosecution under Thailand’s repressive Section 112 or lèse-majesté laws.

There were 9 cases in the Design and Creative Services category, including several cases that, admittedly, test the inclusion criteria of a project focused on “artistic” freedom. Our approach is led by the ground reality in the countries that we live in and operate, as citizens, researchers and members of the arts and cultural communities. 

These cases were almost exclusively from Malaysia, where the volatile mix of ethnic politics and induced moral panic has constructed hypervigilant publics. They include a Molotov cocktail attack on a vendor of the “Allah” gym socks, criticism of a cafe’s crockery featuring images of Chairman Mao, and furore over the use of pork in a “Malay-Muslim” recipe.

This emergent trend of moral policing, targeted at areas of dress, design, accessories, food  and visual design in consumer goods, is another indicator of the shrinking civil space.

Challenge Chain: Everything, everywhere, all at once

Figure 4

One of the key takeaways from the pilot findings was the multiplicity of challenges to the artwork, creator and even the presenter, within a single case. From 2023, we began to document which agent fired the opening salvo, and who then activated subsequent steps in the challenge chain.  

Of the  182 cases logged, 111 involved only one step. The remaining 71 cases consisted of between 2 – 5 steps each, enacted by different agents using different methods. In some instances, the same agent uses multiple methods on the same target.  

Figure 5

Though the data set is still small, looking at the flow from one agent to the next, we discerned several patterns.

The most common saw the public function as a lookout and informer, using social media and other channels to draw negative attention to the target. These highly performative actions would alert and impel state agents to issue a statement, or use more repressive methods to actively impede the work. A feedback loop would then lead to a fresh cycle of public attacks; other players would join using different methods to oppress the target. 

In the Philippines, Tina Fowler, faced criticism online for the ‘adult content’ of her song and music video, MPL, although the video was age restricted on her Youtube channel. Acting on these public complaints, the Movie and Television Review and Classification Board, MTRCB, which has no jurisdiction over digital or online content, issued a statement encouraging the public to “report or flag…content … offensive to their sensitivities”. A few months later, an NGO, Kapisanan ng Social Media Broadcasters ng Pilipinas Inc., KSMBPI, filed a complaint which led to Fowler’s arrest. Flower was released on bail and the case is ongoing.

In Cambodia, social media users accused artist and designer Em Riem,  of disgracing Khmer culture when he wore a dress to the  Phleng Music Awards 2023. The controversy caught the attention of the then-PM’s sister, who proceeded to criticize Em Riem in a Facebook post which received thousands of comments, thereby increasing the online hate directed at the designer. 

There were other cases with a reverse call and answer loop – state condemnation, followed by non-state attacks. It is important to note that not every case evidenced a causal relationship between agents who initiated the first step, and subsequent attacks on the same work.  Different agents in many cases performed oppression correlationally.  

Another finding is the escalation of oppression further along the  challenge chain. Malaysian film, Mentega Terbang logged more than 5 unique challenge steps, ranging from online hate, to death threats to red paint and acid splashed on director Khairi Anwar and screenwriter and actor Arjun Thanaraju’s cars, to prosecution on charges of causing religious hurt.

Agents: Big Brother still rules

The state is still the biggest violator of artistic freedom in the region – state-affiliated individuals or organizations initiated the first step  in 107 of the 182 cases. 

Of the different kinds of state bodies, Enforcement forces such as police, military or security were the most active, followed by Regulators such as film censor boards and licensing agencies. Both wielded disciplinary power through withholding of licences, penalties, arrests, investigations and detentions. They also used more subtle but effective tactics. The presence of plainclothes or uniformed officers even as ‘observers’ was intimidating to artists and had the potential to discourage artistic freedom.  

The Royal Malaysian Police contacted and then visited the archival exhibition 𝗧𝘂𝗿𝘂𝗻 𝗸𝗲 𝗝𝗮𝗹𝗮𝗻 B̶̶̶u̶̶̶k̶̶̶a̶̶̶n̶̶̶ 𝗕𝘂𝗱𝗮𝘆𝗮 𝗞𝗶𝘁𝗮 𝗔 𝗛𝗶𝘀𝘁𝗼𝗿𝘆 𝗼𝗳 𝗣𝗿𝗼𝘁𝗲𝘀𝘁 𝗶𝗻 𝟭𝟬 𝗢𝗯𝗷𝗲𝗰𝘁𝘀 (2023). In Chiang Mai, individuals widely assumed to be plainclothes security officers were seen photographing the exhibition The Resistance of Commoners (2023). Although both exhibitions remained open, surveillance by the state had a chilling effect, and in the  Malaysian case, resulted in one partner pulling out of the exhibition.

The data shows that above and beyond the established regulatory and enforcement  framework, creators and presenters faced layers of challenges and violations, deployed by political leaders, non-arts and arts authorities, educational institutions, and state media using arbitrary, sometimes extra-judicial methods.

…but Kevin and Karen are coming for the crown

Non-state agents such as corporations, educators, faith-based associations, the media and even arts stakeholders were involved in 75 of the 182  cases documented. 

By far the most prominent of these non-state agents are the Public. This category includes individuals acting independently or en masse,  civil society groups from the left and right of the socio-political spectrum, identitarian groups, influences and others. 

Under most circumstances, they do not have any legal standing to challenge or oppress artistic freedom. But, as the challenge chain illustrates, certain publics can mobilize their voices to trigger action by those who do have the power. In South Sulawesi, Project Budaya Bone II, a forum on the bissu* community was officially launched by the Vice Regent of Bone. Nonetheless,  police, on the strength of an anonymous WhatsApp claiming the work was a ‘LGBT gathering’, arrived to investigate, illustrating how the sector is at the mercy of those who cannot be held accountable for violating the rights of artistic freedom. 

Methods: Sticks, stones and words

Figure 6

On the more severe end of the spectrum, creators, publishers and distributors were subjected to prosecution, detention and other punishments in violation of their right to free expression. Aulia Rakhman was sentenced to seven months in prison for alleged blasphemy in his stand-up comedy in Indonesia. Thai academics have been charged with historical distortion and defamation. In the Philippines, drag performer Pura Luka Vega faces multiple court cases after a clip of them performing dressed as Jesus Christ went viral. Malaysian Fahmi Reza was charged with Sedition under the Penal code and in Native Court of Keningau in Sabah, which claimed his satirical caricature offended native customs. 

Bans on an artwork, the creator or the presenter was the second most commonly used method overall. In the Philippines, a film about a mis-spelt Dear Santa letter, Dear Satan was given an X-rating, for apparently glorifying Satan. In 2023, corporate sponsors of Phatthalung Micro Cinema Club in South Thailand pressured the organiser to cancel a human rights film event. Eight communist-themed books were confiscated from Gerakbudaya and 2 from Toko bookstore for its sexual content. Rainbow-design watches were seized from 11 Swatch outlets in Malaysia, accused of causing harm. 

Works which addressed socio-economic and political themes are likely to face harsher methods. In Cambodia, the photo exhibition Home and Life (2024), depicting urban poor communities in Phnom Penh was shut down by district authorities two days after opening. 

Other methods include detention, investigation, prosecution, destruction or alteration of works, and withdrawal of resources. Taken collectively, these ‘sticks and stones’ methods formed the greatest threat to artistic freedom in the period under study. 

While words break no bones, they can have a bruising effect on artistic freedom. By volume, Protest, a category which includes actions such as complaints, accusations, boycotts and harassment, was the top method used. It was the public’s preferred method but was liberally used by other agents. 

In cases like Pura Luka Vega, online attacks played outsized roles. Social media, bots and AI have exponentially increased the speed and the volume to the extent that  “online speech itself – its volume, its management, and its weaponization – has become a form of censorship”[2].   

Another technique is to flood[3] the public space with so much noise, the creator loses control of the narrative. Value-laden descriptors  – adult content, fake news, harm, LGBTQ agenda, insulting – spread like a game of whispers until the gulf between what the work is about, and what is imputed, is unbreachable. Mentaga Terbang, about a young Muslim girl’s exploration of other religious beliefs about the afterlife as she faces her mother’s death, has been widely accused of disrespecting Islam. 

Another danger is discernible through the data. Years of protest, gatekeeping and speech acts by state agencies, public figures, CSO and netizens may, in time, become more formalized. Kai Brennert and Manin Ath report on Cambodia’s new  Artist Code of Conduct which appears to codify previously ad hoc statements on the immutability of Khmer culture. In Malaysia and Indonesia (Kiblat) some filmmakers have taken to consulting with religious authorities to ensure that films are compliant with religious orthodoxy, although there is no legal standing for such organisations to be part of the regulatory or vetting process.

States are also turning to subtle methods such as delays or obstructions in venue approval to impede artistic works they disagree with. These methods are hard to verify as they can seem procedural rather than oppressive. They allow the oppressor deniability, e.g., “we’re not censoring artists”. This in turn shields them from accountability.

Reasons: Morality and Politics

Figure 7

Two main reasons were recurrent across the six countries: Moral Policing and Politics. 

Moral policing is motivated by a desire to safeguard societal norms in religion, morality, tradition, gender and sexual norms. It was the top reason in Cambodia (gatekeeping of culture and heritage),  Vietnam (narratives around the nationhood) and Malaysia (Islam, gender and sexuality). 

In Indonesia, Public Safety was the top reason, due to prohibitions on some music forms, ostensibly to protect the public from vice activities. In the Philippines, Child Protection specifically was cited in several  cases, indicating societal anxieties about the ‘corrupting’ influence of  arts and culture. In both these countries, Moral Policing was the second most frequent reason. 

In Thailand, Politics was the foremost reason that works were targeted. As Patporn Phootong in her report notes, infractions against the royal family, military and the political elite are highly disciplined by state and non-state agents. Ranking 2nd and 3rd were Public Safety and Fake News. However, the works target under these two reasons were about human rights, history and politics, indicating that whatever the stated reasons, there is a high probability that politics was still a motivating factor. 

There were only a small number of cases where gender was explicitly a factor in the targeting, but the performance of gender continues to be policed. Cases include Pura Vega Luka, drag dancers in Vietnam and the bissu community. Continuing a trend observed in the Pilot, women actors in films were personally targeted for the characters they have played, bypassing the director or scriptwriters, who were often male. In Indonesia, a woman, DJ Dedek Ame,  was detained at a remix music event in Palembang. Of all 44 the music related cases logged, hers was the only instance where the DJ was made to  sign a letter of statement, saying that she pleaded guilty and would not repeat the same mistake again. 

Limitations

The research largely depends on public sources. The researchers use their networks to seek cases not in the public arena but at times were unable to access or verify the facts of the case. It is probable that the number of cases are much higher in reality. The themes and reasons a work is targeted are based on researcher analysis of public statements/materials This dataset  is therefore subjective, and comes with the attendant limitations.

Conclusion

Cases have increased since 2020, likely  attributed to increases in public art events post-Covid, and a general shift to the right in all the countries under study. Periods of regional and global uncertainty also may lead to a more conservative polity. The findings reaffirm that the normative force is the main motivation behind a vast number of cases documented. While state agents were preeminent, non-state agents act as surveillance, informer, instigator and even enforcers. Social media can sway public opinion about an artwork or cause reputational damage or instigate actual harm to creators or presenters. This period also recorded more harsh methods used, including arrests,  prosecution, penalties, bans and withdrawal of resources.

*The bissu are one of five genders traditionally recognized in the region.

[1] Previously known as the SEA Arts Censorship Database

[2] Eric Berkowitz, Dangerous Ideas: A brief History of Censorship in the West from the Ancients to Fake News (2021)

[3] Censored: Distraction and Diversion Inside China’s Great Firewall, Margaret E. Roberts

About the author(s)

Kathy Rowland is the Managing Editor of ArtsEquator.com, a registered charity that she co-founded with Jenny Daneels in 2016. The site is dedicated to supporting and promoting arts criticism with a regional perspective in Southeast Asia. Kathy has worked in the arts for over 25 years, working in the areas of critical writing and arts advocacy, with a special interest in media platforms for the arts. She is the Project Lead for ArtsEquator’s Southeast Asian Arts and Culture Censorship Documentation Project, launched in 2021. She has written extensively on censorship of arts and culture in Malaysia. She was a member of the International Programme Advisory Committee of the 8th World Summit on Arts and Culture, 2019.

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