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.

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