Malaysia

NGOs call for greater transparency, public engagement on DEFA

The agreement is a major regional trade agreement that aims to establish binding and enforceable digital rules among ASEAN member nations

Updated 10 months ago · Published on 25 Oct 2025 10:42AM

NGOs call for greater transparency, public engagement on DEFA
ASEAN negotiators have signaled their intention to complete 70% of the agreement by the summit next week - October 25, 2025

by Ian McIntyre

MALAYSIA's oldest non-governmental organisation (NGO) has called on a need for ASEAN to conduct greater transparency and public engagement when enacting a digital economy framework agreement (DEFA).

Ahead of the 2025 ASEAN Summit, where US President Donald Trump would be present, a coalition of civil society organizations from across ASEAN, including  the Consumers Association of Penang (CAP), are calling for greater transparency and public engagement in the ongoing negotiations of DEFA.

The agreement is a major regional trade agreement that aims to establish binding and enforceable digital rules among ASEAN member nations, who now number 11 with the formal inclusion of Timor Leste during the summit.

In a joint letter delivered to the ASEAN secretariat, CAP president Mohideen Abdul Kader joined digital rights groups, labour organizations, consumer advocates, and regional public interest networks to express concern that the DEFA is moving forward without meaningful civil society participation or public feedback and consultation.

“This agreement has been heavily promoted as a driver of regional integration and economic growth, setting the rules for data, platforms, AI, and digital trade,” said Bhima Yudhistira Adhinegara, Executive Director of the Center of Economic and Law Studies (CELIOS), Indonesia.

But given the scale of its promised impact, it’s essential that the people of ASEAN know what’s in it, and that the negotiation process reflects ASEAN’s commitment to being people-oriented and people-centred.”

The DEFA is expected to address key issues such as data free flows, artificial intelligence, digital IDs, and emerging technologies, said Mohideen in a statement.

Civil society groups are concerned that the agreement could reinforce tech monopolies and limit governments' ability to protect workers, ensure fair competition, support local businesses, uphold consumer rights, and pursue industrial policies that promote innovation and economic growth.

ASEAN negotiators have signaled their intention to complete 70% of the agreement by the summit next week, with full conclusion targeted next year.

It is a fast-track effort to mould the regional grouping into one which is ready to tap the digital age, now driven by Artificial Intelligence (AI) and the Internet of Things (IoT).

A key reference point in the negotiations is a study by the Boston Consulting Group (BCG), commissioned by the Australian Government, which projects that the DEFA could contribute USD 1 trillion in economic gains for the region. 

However, civil society groups note that the full study, including its methodology and assumptions, has not been released publicly, said Mohideen.

“Why is a foreign government funding the economic modelling for ASEAN’s most important digital agreement?” he adds.

If this figure is motivating the ASEAN negotiators to sign, then the people of ASEAN have a right to see the details including the assumptions and methodology, not just the BCG slide deck.

Chee Yoke Ling, the executive director of the Third World Network urged ASEAN to ensure that all relevant stakeholders, including civil society, labour groups, and small businesses, have an opportunity to contribute meaningfully to this important regional initiative.

The group recommends several concrete steps, including:

•     Publishing the DEFA’s negotiating texts, country submissions, and the ASEAN mandate;

•     Releasing the full BCG study, including its assumptions and methodology;

•     Creating structured mechanisms for civil society participation at both regional and national levels;

•     Holding stakeholder engagement events during the negotiation rounds;

•     Disclosing interactions with industry stakeholders and third-party advisers, in line with ASEAN’s broader transparency goals.

“ASEAN’s vision of a digitally inclusive region will be strengthened by open dialogue, diverse perspectives, and broad-based public trust,” said Cornelius Damar Hanung, East Asia - ASEAN Programme Manager of FORUM-ASIA. 

“This is an opportunity to demonstrate leadership not only in digital policy, but also in open and accountable government.”

“The DEFA will have an effect on the everyday lives of ASEAN peoples thus there should be broader consultations. As it is, we are left in the dark because the text is not made public and participation is not open.” said Liza Garcia, Executive Director of the Foundation for Media Alternatives in the Philippines. - October 25, 2025.

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