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Refining, not reinventing, the wheel: A look at the applicability of ASEAN’s AI governance guides in Southeast Asian contexts

Reading time: 5 minutes

Written by Eunice Huang and Josh Lee Kok Thong

Artificial intelligence (“AI”) is reshaping industries, economies, and societies worldwide. Governments across the Association of Southeast Asian Nations (“ASEAN”) intuitively understand the huge opportunity that AI can bring for their societies, and are looking for ways to foster AI innovation while carefully managing risks and challenges. At the same time, there is also growing recognition that it would be neither appropriate nor sufficient to mimic the AI regulatory approaches adopted by other jurisdictions such as the EU, China and US. Countries in ASEAN can and must chart their own regulatory pathway that is suited to Southeast Asia’s unique context, building on the region’s historically open and pro-innovation posture.       

This article submits that ASEAN governments already have good, context-adapted regional resources they can use as a basis for their domestic AI governance frameworks. In particular, resources such as the ASEAN Guide on AI Governance and Ethics (February 2024) and the Expanded ASEAN Guide on AI Governance and Ethics on Generative AI (January 2025) (collectively, the “ASEAN Guides”) can serve as valuable reference points for ASEAN governments who are considering their AI governance options. These guides provide a contextually-relevant basis for formulating AI governance in Southeast Asia’s unique context. Drawing reference from these guides will also help promote greater interoperability and common standards across ASEAN. This will in turn enable AI innovation to flourish across the region, boosting ASEAN’s overall competitiveness, and advancing      the ASEAN Economic Community.      

The ASEAN Guides provide a regionally-attuned starting point

The ASEAN Guides represent a collaborative effort by ASEAN Member States towards advancing sound, considered and balanced AI governance in ASEAN. Unlike frameworks from other jurisdictions, such as the European Union’s AI Act (“EU AI Act”) (which, while widely referenced, emerges from fundamentally different contexts), the ASEAN Guides factor in the prevailing economic, social and cultural realities in Southeast Asia. More broadly, the ASEAN Guides reflect a shared regional understanding of AI-related opportunities and risks, and provide a solid basis for greater interoperability within the region.     

The ASEAN Guide on AI Governance and Ethics was published in February 2024 (the “2024 Guide”). It seeks to provide clear and practical guidance for organisations developing and deploying traditional (i.e., non-generative AI) AI technologies. A key theme in the 2024 Guide is also regional interoperability, in seeking to align national frameworks while allowing flexibility tailored to national contexts. 

The core components of the 2024 Guide include:

  • Guiding principles: Seven fundamental principles anchor the guide: Transparency and Explainability, Fairness and Equity, Security and Safety, Human-centricity, Privacy and Data Governance, Accountability and Integrity, and Robustness and Reliability. These principles collectively constitute a robust and principled foundation for responsible AI use in the region.
  • AI governance framework: The 2024 Guide sets out organisational measures to operationalise the guidance principles effectively. In particular, the framework emphasises:
  • Establishing internal governance structures, such as multi-disciplinary AI Ethics Advisory Boards, clearly defined roles and responsibilities. Notably, the 2024 Guide provides concrete examples from regional actors implementing such internal governance structures, such as the Aboitiz Group (Philippines) and Singapore’s Smart Nation Group.
  • Determination of human oversight levels in AI-augmented decision-making through rigorous risk impact assessments.
  • Effective operations management that integrates AI governance into every stage of the AI lifecycle, from data collection through model deployment and ongoing monitoring.
  • Stakeholder engagement strategies to enhance transparent and accountable communication.
  • National-level recommendations: To cultivate responsible AI ecosystems at the national level, the 2024 Guide urges policymakers to: (a) Invest strategically in AI research and development; (b) support workforce upskilling and nurturing AI talent; (c) promote accessible data and infrastructure to foster innovation; (d) encourage AI governance tools adoption by organisations; and (e) enhance public awareness of AI impacts and implications.
  • Regional-level recommendations: Encouraging collective ASEAN actions, the 2024 Guide also recommends initiatives such as establishing a dedicated ASEAN Working Group on AI Governance, developing targeted approaches for generative AI governance, and compiling practical use-case compendia to facilitate regional learning.

Addressing the nuances of generative AI

Building upon this foundation, the Expanded ASEAN Guide on AI Governance and Ethics on Generative AI (the “2025 Guide”) addresses the unique challenges introduced by generative AI technologies. It highlights key risks identified previously – including inaccurate outputs (also known as “hallucinations”), misinformation, deepfakes, intellectual property infringement, privacy violations, and bias propagation – while also recognising broader frontier risks associated with advanced AI development.

To address these challenges, the 2025 Guide provides detailed policy recommendations across nine ecosystem dimensions:

  • Accountability: Highlighting shared responsibilities among AI developers, deployers, cloud providers, and end-users, proposing regional consensus-building activities for clarity.
  • Data: Encouraging secure and responsible data-sharing practices, with harmonised data protection aligned with the ASEAN Framework on Personal Data Protection.
  • Trusted development and deployment: Suggesting common transparency guidelines for generative AI development, aiming to build trust and understanding among stakeholders.
  • Incident reporting: Recommending standardised frameworks to manage AI-related incidents effectively, particularly concerning safety and ethics.
  • Testing and assurance: Advancing region-specific benchmarks and testing methodologies – through initiatives like Project Moonshot by Singapore’s AI Verify Foundation – to uphold generative AI reliability, fairness, and safety.
  • Security: Promoting collaboration on AI security practices, encouraging proactive vulnerability detection, security-by-design, and alignment with international standards.
  • Content provenance: Supporting robust technological solutions (such as digital watermarking) and policy frameworks to prevent misuse of generative AI content, addressing misinformation and harmful activities.
  • Safety and alignment R&D: Encouraging region-wide dialogue and cooperation on AI safety and alignment research, sharing expertise across national boundaries.
  • AI for Public Good: Showcasing responsible generative AI applications through regionally curated use cases, with the aim of maximising societal benefits and public awareness.

Contextualisation remains essential

Despite the advantages inherent in these regional guides, ASEAN Member States must still undertake significant work in adapting the recommended practices and frameworks to their national contexts. The ASEAN Guides explicitly affirm their voluntary nature and underscore that they neither alter nor supersede any existing national laws or obligations.                

Each ASEAN Member State operates within distinct legal, economic, and cultural contexts. As such, policymakers and regulators must apply careful and nuanced considerations in adopting or adapting the ASEAN Guides. For instance, privacy and data governance principles must align with each Member State’s unique legislative regime (which often varies significantly across the region). Similarly, the approach to human oversight in AI decisions must consider sectoral and local attitudes toward risk and accountability.

Further, ASEAN governments should remain open to learning from broader international developments. While the EU AI Act, Japan’s Act on the promotion of R&D and utilisation of AI, policy recommendations from the OECD, or other global frameworks may originate from different contexts, they also offer valuable lessons and useful ideas. ASEAN governments should evaluate these external frameworks carefully, examining what countries that have successfully built up robust AI ecosystems have (or have not) done, and selectively adopting elements suited to their specific national priorities.      

Conclusion

The ASEAN Guides represent significant regional progress in developing a coherent and contextually appropriate approach to AI governance across Southeast Asia. Rather than reinventing the wheel, ASEAN governments can consider leveraging these guides to anchor their AI governance efforts effectively. Nevertheless, the task remains nuanced and complex: governments must thoughtfully translate and adapt these principles within their unique national environments. Combining the regional insights of the ASEAN Guides with a judicious, comparative analysis of global frameworks will ultimately help ASEAN governments craft balanced, responsive, and effective AI governance that unlocks the region’s AI potential while promoting the responsible development and deployment of AI.

Editor’s Note: Eunice Huang presently serves as Head of AI and Emerging Tech Policy, Google APAC. Please note that any opinions, findings and perspectives expressed above are those of the authors in their personal capacity, and do not reflect the view of any organisation(s) they are affiliated with.

The Landscape of AI Regulation in the Asia-Pacific

Reading time: 32 minutes

Written by Alistair Simmons and Matthew Rostick | Edited by Josh Lee Kok Thong

Introduction

In recent months, many jurisdictions in the Asia-Pacific (“APAC”) have adopted or are considering various forms of AI governance mechanisms. At least 16 jurisdictions in APAC have begun some form of AI governance, and this number will likely continue to increase. This paper scans the different AI governance mechanisms across a number of APAC jurisdictions and offers some observations at the end. 

This paper segments AI governance mechanisms into four categories: Direct AI regulations are enforceable rules that regulate the development, deployment or use of AI directly as a technology, and consequently have regulatory impact across multiple sectors. Voluntary frameworks cover voluntary and non-binding guidance issued by governmental entities that directly address the development, deployment or use of AI as a technology. Indirect regulations (data & IP) are also enforceable legal rules but do not regulate the development, deployment or use of AI directly as a technology. They are rules of more general applicability that nevertheless have an impact on the development, deployment or use of AI. As the scope of this category is potentially broad, we have focused on data protection/privacy and intellectual property laws in this paper. Sector-specific measures refers to binding and non-binding rules and guidelines issued by sector regulators that are relevant to the development, deployment or use of AI in an industry. To avoid getting bogged down in the specifics of whether the rules and guidelines are technically binding or not, we have presented them together. Unlike the mechanisms addressed in the Sectoral Governance Mechanisms segment, the non-binding frameworks in this segment typically address the use of AI across multiple sectors.

For avoidance of doubt, this paper addresses legal governance mechanisms only. There may be other initiatives afoot to drive alignment and good practices from a technical perspective. We do not seek to address technical measures in this paper.

Launch of South East Asia’s first LegalTech movement

Reading time: 2 minutes

Guest post by ASEAN LegalTech

The LegalTech segment has now moved into the mainstream consciousness of the legal market across Asia and in particular the South East Asian region. While the global LegalTech narrative is dominated by mature legal markets like Australia, Europe and the USA, there is no shortage of LegalTech startups building innovative solutions across the ten countries that compose the Association of South East Asian Nations (“ASEAN”). 

ASEAN LegalTech (“ALT”) was formed in May 2019 with the aim of connecting LegalTech pioneers, thought leaders and enthusiasts to promote and build the LegalTech ecosystem in the South East Asian markets. One of ASEAN LegalTech’s goals is to provide a voice to the emerging market to inform discussions with regulators who are in the early stages of determining how to regulate LegalTech.  

LawTech.Asia Annual Theme for 2018 and Quarterly Themes

Reading time: 2 minutesA warm hello to our readers and fellow legal technologists!

Singapore takes the ASEAN Chairmanship in 2018 with the themes of “resilience” and “innovation”. Hence, it is timely for LawTech.Asia, with a focus on legal technology in Southeast Asia, to focus on legal technology developments in Singapore and the region.

At the same time, given that it has been roughly half a decade since the buzz about legal technology took root in Singapore, it is also appropriate to do a stocktake on the state of legal technology in Singapore for our readers. In addition, with the focus on Southeast Asia, it would also be useful to draw insight from legal technology developments in the region. This would also give LawTech.Asia the opportunity to examine how Singapore can learn from her fellow ASEAN counterparts, and vice versa.

With this in mind, the LawTech.Asia team presents to you our theme for our articles this year: Legal Technology in Singapore and ASEAN: Present and Future.

Aside from our regular articles, the LawTech.Asia team will be bringing to you a series of Quarterly Updates, a four-part thematic series that focuses on four sub-themes that are in line with LawTech.Asia’s annual theme. LawTech.Asia intends to cover the following four topics in its quarterly update:

  1. 1st Quarter: The state of legal technology in Singapore
  2. 2nd Quarter: The state of legal technology in ASEAN
  3. 3rd Quarter: What might Singapore be able to learn from ASEAN and vice versa?
  4. 4th Quarter: A legal technology report card on Singapore’s drive of “innovation” for ASEAN, and a look at the future.

We look forward to your continued support as we continue to bring you insights and information exploring the past, present and future of legal technology in Singapore and ASEAN.

 

Wishing you a happy and fruitful 2018,

The LawTech.Asia Team

 

Image credit: ASEAN

Recent Growth and Developments on Online Dispute Resolution in Southeast Asia

Reading time: 6 minutesWritten by Josh Lee and Professor Thomas G. Giglione

This is the first part of a two-part series on recent developments in online dispute resolution. These series was co-written by Josh Lee and our guest contributor, Professor Thomas G. Giglione.

Professor Giglione is an experienced commercial mediator, and is the Convener for the 2017 Asia Pacific Mediation Forum Conference in Da Nang, Vietnam.

Introduction

Notwithstanding the continued importance of “traditional” dispute resolution mechanisms such as litigation and ADR, online dispute resolution (“ODR”) has continued to grow in influence and importance as an enabling tool for lawyers in assisting clients with the resolution of disputes.

This development, however, has been patchy at best. Certain regions, such as South-East Asia (“SEA”), do not seem to have embraced ODR as compared to regions like the European Union (“EU”). This is in spite of the sustained explosion in growth of mobile usage and e-commerce in SEA – between January 2016 and January 2017, for instance, the number of internet users and mobile subscriptions in SEA jumped by 80 million and 62 million respectively.

In this 2-part series, we intend to bring attention to major ODR developments in the EU, and to explore the possibility of applying such developments in the SEA context. In particular, our two mini-articles will cover the following areas:

  1. Briefly trace the global development of ODR, and to identify the development phase that ODR is in today;
  2. Identify the latest major development on ODR in the EU, the pan-EU ODR system, and to examine its main features, strengths, and criticisms;
  3. Broadly assess the desirability and feasibility of implementing a region-wide ODR network in SEA, with suitable modifications, if any; and
  4. To this end, identify certain inroads that have been made so far towards the implementation of such a region-wide ODR network in SEA.

The first part of this series will cover (a) by tracing the global development of ODR, and attempt to identify the phase of development that ODR is currently in.

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