South East Asia Strengthens Content Blocking Measures to Combat Online Copyright Infringement

Content blocking remains a critical tool in South East Asia’s fight against online copyright infringement. However, the extent and methods of blocking vary significantly across the region, reflecting differing legal frameworks and enforcement challenges.

In the Philippines, the Intellectual Property Office (IPOPHL) administers a voluntary administrative site blocking system under Memorandum Circular 2023-025. This framework allows copyright holders to file complaints that are published and forwarded to internet service providers (ISPs) for action. Typically, ISPs remove infringing content after notice periods and opportunities to respond. In October 2024, coinciding with National Anti-Piracy Month, IPOPHL issued two blocking requests at the behest of the Movie and Television Review and Classification Board (MPA) targeting six domains and subdomains engaged in movie piracy.

Indonesia’s Directorate General of Intellectual Property (DGIP) operates a content blocking system under the Copyright Law. Complaints submitted to DGIP are reviewed, and upon approval of infringement, DGIP coordinates with the Ministry of Communications and Informatics (KOMINFO) to issue blocking orders to ISPs or websites. While copyright owners have successfully reported extensive lists of infringing links, the process has been criticized for its slow pace and the rapid emergence of overseas mirror sites. Additionally, the Information and Electronic Transactions (ITE) Law mandates ISPs to remove infringing content upon receipt of takedown notices, though this process can be time-consuming.

Vietnam’s IP Law places responsibility on ISPs to block infringing content following valid reports from rights holders or authorities. The Authority of Broadcasting and Electronic Information (ABEI), under the Ministry of Information and Communications, executes site-blocking orders. Between August 2022 and August 2023, nearly 1,000 piracy websites were blocked through coordinated efforts involving authorities, rights holders, and ISPs. Enforcement remains challenging due to infringing sites’ use of international domain names, concealed registrant information, and frequent domain changes.

Thailand’s Computer Crime Act (CCA) 2017, Section 20(3), permits authorities to seek court orders to block websites hosting infringing content. From October 1, 2023, to September 30, 2024, the Ministry of Digital Economy and Society (MDES) reported blocking 150,425 social media contents, pages, and URLs—an eightfold increase over the previous year. Although many blocks relate to gambling and fraud, copyright infringement is also addressed. The blocking process for intellectual property infringement involves multiple agencies, including the police, Department of Intellectual Property, MDES, and the courts, resulting in slow and inconsistent enforcement with ISPs.

In Malaysia, the Ministry of Domestic Trade and Consumer Affairs can order blocking of illegal content under Section 41 of the Copyright Act 1987. The Malaysian Communications and Multimedia Commission (MCMC) enforces these orders by directing ISPs to remove infringing content. Between 2018 and 2024, 24,277 websites were blocked, with 14% related to copyright infringement. ISPs are currently required to implement DNS redirection under new rules, enabling greater government control over content routing. This measure is controversial due to potential restrictions on legitimate overseas content and possible internet speed reductions.

Singapore generally requires court orders to block copyright-infringing content, although copyright notices can also be issued to ISPs. The court process is designed as a no-fault mechanism, shielding ISPs from liability. However, the high costs of compliance and legal proceedings complicate enforcement. Singapore is reviewing amendments to its anti-technological circumvention rules, partly in response to challenges posed by streaming services that sometimes require bypassing technological protections to access copyrighted works.

Internet infrastructure companies across the region have raised concerns about content blocking measures targeting DNS resolvers in addition to ISPs. DNS resolvers act as indexers facilitating website access, and their blocking may have broader implications. Nonetheless, given the pervasive nature of copyright infringement, many governments emphasize the importance of maintaining and expanding blocking solutions.