Executive Summary
Internet freedoms are under threat in Myanmar and have been seriously curtailed following 1 February
2021 coup d’état. The transition to democracy from 2011 has seen dramatic internet penetration and user
growth, thus leading to the rise of online platforms as a modern channel for individuals to exercise freedom
of expression and other fundamental rights.
From 2015, during the administration of Aung San Su Kyi, who was elected in that year, persecutions of
internet users became more evident as Myanmar embraced the liberalisation of its telecommunication
sector. Existing poorly worded and vague laws were utilised by authorities to litigate against journalists,
media workers, social media personalities and human rights defenders (HRDs) who used the internet and
social media as vital tools for their advocacy and activism. Following the coup on 1 February 2021, the
Armed Forces of Myanmar, or the Tatmadaw, curtailed all civil liberties. Freedoms of expression both online
and offline in Myanmar have never before been subjected to the intense levels of criminalisation that
currently threatens these fundamental rights. The military junta has moved beyond the traditional tactics
that are focused on persecuting dissenting voices, to exerting control over the whole telecommunications
infrastructure. The junta has imposed internet shutdowns, disrupted internet services and destroyed
certain internet and telecommunication infrastructure.
This report examines a range of national laws that impact internet freedoms, namely the Constitution, Penal
Code, Electronic Transactions Law, Telecommunications Law, and Law Protecting the Privacy and Security
of Citizens. While Constitutional provisions on the freedom of expression look up to customary
international law, oftentimes, the vaguely-worded clauses—on limitations of the exercise of such rights—
under the very same provisions negate these freedoms. Additionally, the use of national legislation that
further detail suspension or restriction of rights and punishments go beyond what is permissible under
international human rights treaties. Evidence of these rights violations are tracked and reported in the
submissions to Myanmar’s Universal Periodic Review (UPR) and in the reports of the relevant United
Nations (UN) Special Rapporteurs (SRs).
In order to safeguard internet freedoms, public access to information, and freedom of expression, this
report presents specific recommendations that when implemented, will ensure that the people of Myanmar
are able to use the internet and enjoy fundamental freedoms on the internet in accordance with
international law. To this end, the recommendations call to: Remove provisions in the Penal Code that
criminalise defamation; Amend the Telecommunications Law (2013) to ensure its alignment with the
international standards, including repealing Section 66(d); Repeal Section 77 of the Telecommunications
Law (2013), which allows cutting off access to information or regulating 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.