Introduction
Targeted internet shutdowns and disruptions – In 2020, the military engaged in online manipulation
and the government coerced telecommunications companies to impose internet shutdowns and
disruption of services in Rakhine and Chin states. Access to more than 221 ethnic news websites was
blocked.
Limitations on free expression - Concerns were raised over restrictions on freedom of expression
based on provisions contained in the Penal Code, the Electronic Transactions Law, and the
Telecommunications Law. In 2019, a Facebook live-stream showing political satire that mocked and
criticised the military, landed six artists of ‘Peacock Generation’ with one year imprisonment for
violating Section 505(a) of the Penal Code; four of them were later given an additional six months of
imprisonment for ‘online defamation’ under Section 66(d) of the Telecommunications Law. In 2020,
journalists were charged for spreading fake news on social media over a report of the number of
COVID-19 patients and deaths, which the authorities disputed.
Unequal internet access during elections - Issues around unequal access to the Internet and the
holding of elections during the pandemic were highlighted by the UN Special Rapporteur on the
human rights situation in Myanmar. Issues were particularly present for individuals in remote areas
where internet speeds were limited to 2G, or the internet was entirely restricted.
Registration of SIM card users - The short notice from the government in February 2020 to enforce
one-time SIM card re-registration by 30 June 2020, based on the 2014 Code of Practice for Mobile
Service User Registration, poses a threat to freedom of expression and access to information for those
lacking adequate documentation to undergo this re-registration.
Nationwide internet shutdowns and blackouts - Starting from 1 February 2021, a number of internet
shutdowns and disruptions to services such as an internet curfew had been imposed by the Tatmadaw
to deter post-coup resistance, further degrading internet freedoms in Myanmar.
Infringement on freedom of expression and internet freedoms are also ignored by Myanmar authorities in
regional mechanisms. Myanmar signed up to the human rights provisions under the ASEAN Human Rights
Declaration (AHRD) to promote and protect universal standards on freedom of opinion. However, the state
has continued to perceive human rights to be an issue serving foreign countries’ interests and thus
opposed the creation of an ASEAN human rights commission. While a compromise was reached and the
ASEAN Intergovernmental Commission on Human Rights (AICHR) was created in 2009, Burmese
representatives are mostly former government officials whose roles have been ceremonial at best,
providing opening remarks or officiating policy planning meetings. They remain accountable to their own
government and are more interested in preventing the country’s reputation damages.
Similarly, it is observable that, throughout its existence, the Myanmar National Human Rights Commission
(MNHRC) was staffed by former government officials who have been largely silent on infringement on
freedom of expression, especially if the perpetrators were military personnel. Hence, the MNHRC, as noted
across the three cycles of the UPR process, is not an independent entity and does not qualify as a national
human rights institution (NHRI) as per the Paris Principle.
Having provided an outline of Myanmar’s political background, internet landscape and international and
regional standards, this report goes on to look at the country's legal framework. Specifically, the next
chapter analyses relevant clauses of the Constitution and Penal Code, as well as the Telecommunications
Law, draft Cybersecurity Law, Law Protecting the Privacy and Security of Citizens and Electronic
Transactions Law and how they have been used to curtail internet freedoms.
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