Recommendations 4. Recommendations The ongoing review of Myanmar’s national legislation by the government, since the 2008 Constitution was enacted, shows that reviews and subsequent reforms have done little to safeguard internet freedoms in Myanmar. The rights for access to information, freedom of expression and rights to privacy were regulated, though infringed upon through the exercise of vaguely-worded laws granting expansive powers to the government. These laws failed to comply with international standards. The situation following the coup with the declaration of the state of emergency and amendments to existing laws have further reduced fundamental civic freedoms and human rights. The following sections outline recommendations to ensure that internet freedom, access to information, and freedom of expression are adhered to and protected. Recommendations here are directed towards parliamentarians so that they may be adopted should the situation revert and the old laws be reinstated. Recommendations are also directed towards international organisations, the international community, and transnational corporations to call out and roll back internet shutdowns in Myanmar. The principles behind these recommendations could also be adapted into the drafting of any modern and progressive constitution. Remove provisions in the Penal Code that criminalise defamation. Amend the Telecommunications Law (2013) to ensure its alignment with international standards, including repealing Section 66(d). Repeal Section 77 of the Telecommunications Law (2013), which allows the blocking of access to information or regulates online content. Nullify and void amendments made to the Law Protecting the Privacy and Security of Citizens (2017) and the Electronic Transactions Law (2004) enacted during the coup that affect data privacy, rights to information, freedom of expression, association and assembly. Propose draft legislation to establish an independent NHRI in line with the Paris Principles, so as to monitor internet freedoms, address violations and provide remedies to victims. Establish an independent authority responsible for oversight ex ante and ex post of all surveillance measures conducted by law enforcement agencies to ensure compliance with Article 11 of the UDHR, and Article 17 of the ICCPR. Call upon the Government to sign and ratify core human rights treaties, especially the ICCPR, and ensure a follow-up to the recommendations made by human rights mechanisms. Issue clear statements condemning internet shutdowns and take firmer action to ensure internet access to the people of Myanmar. Condemn the actions taken by the military junta against social media users through actions such as arrests or doxing. Corporations must execute their responsibilities under the United Nations Guiding Principles on Business and Human Rights (UNGP), which calls on business entities to “seek, prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts”. Refuse to cooperate with the military regime in handing over personal data or other sources of information that may put individuals at risk of arrest, incarceration and human rights abuses. These recommendations, with suggested amendments to current legislation and proposed draft legislation, would enable the promotion and protection of internet freedoms and freedom of expression online. These are especially salient in the aftermath of the 2021 coup, where laws have been misused and amended to further curtail internet freedoms. It is essential for the country to move towards more democratic institutions and governance, with strict checks and balances on the role of the military in politics and decision-making, to enable smoother transitions towards the implementation of such recommendations. 0 26 1