8/22/22, 10:18 PM Myanmar: Freedom on the Net 2019 Country Report | Freedom House C1 0-6 pts Do the constitution or other laws fail to protect rights such as freedom of expression, access to information, and press freedom, including on the internet, and are they enforced by a judiciary that lacks independence? 1/6 The constitution and other laws in Myanmar fail to protect freedom of expression and press freedom. The current constitution, drafted by the military government and approved in a flawed 2008 referendum, states that “enhancing the eternal principles of justice, liberty, and equality” is one of the country’s six objectives. 133 The constitution also provides specific—but highly limited—guarantees for citizens to “express and publish their convictions and opinions” 134 and “freely develop literature, culture, arts, customs, and traditions” 135 provided that they are “not contrary to the laws enacted for Union [of Myanmar] security, prevalence of law and order, community peace and tranquility, or public order and morality.” 136 The constitution includes no provisions directly relating to the internet or access to information, although Article 96 and Schedule 1 (8.m) provide the parliament with authority to establish laws regulating the internet. In February 2019, the government established a joint parliamentary committee to review the constitution and put forward recommended amendments to bring it in line with democratic standards. 137 Fair trial rights are often violated in Myanmar’s courts, such as the accused not having effective representation and receiving limited access to court documents, and judges being inattentive during proceedings. 138 Trials relating to online activity commonly include significant procedural errors, technically unreliable evidence, and deep-seated judicial unwillingness to consult expert testimony. 139 In many cases, courts have been presented with easily-forgeable print-outs of digital content or have ruled without testing the authenticity, reliability, or admissibility of evidence. 140 Judicial independence is impeded by interference. Judges are nominated by the president, and lawmakers can reject the choice only if it is clearly proven that the nominee does not meet the legal qualifications for the post. The courts generally adjudicate cases in accordance with the government’s interests, particularly in major cases with political implications. A number of laws target online media freedom. A 2018 amendment to the Broadcasting Law failed to clarify the country’s transfer from analogue broadcasting to digital, which will result in an arbitrary process that could be misused by the government to control broadcasters and online media. 141 In 2018, the Myanmar Press Council, an independent body that settles disputes involving the media, submitted to the government a proposed amendment of the 2014 News Media Law, which regulates digital media. It remains unclear whether the proposal will positively or negatively affect media freedom. 142 A draft right to information law first proposed in 2017 had not yet passed by the end of the reporting period. 143 In June 2019, after the coverage period, a draft national records and archives bill that would limit access to information was introduced in the parliament. 144 C2 0-4 pts Are there laws that assign criminal penalties or civil liability for online activities? https://freedomhouse.org/country/myanmar/freedom-net/2019 0/4 12/20