using less restrictive technologies, allowing their customers slightly more digital
freedom. For example, a telco may have implemented blocks at the DNS level, which
was easily bypassed by tech-savvy users, rather than IP-level filtering. Those
individual telcos did not make any public claims to protect their customers’ digital
rights and therefore their exact motivations are unclear. However, for their security,
they will not be named in this report and details of their comparative difference will
not be disclosed.
These quiet acts of defending digital rights likely allow many people to access
information and maintain a fragile link to the truth. Nevertheless, the overarching
reality remains that the majority of Myanmar's telcos act as a direct enforcer of the
military's information blockade.
Blocking under international law
Under Article 19 of the International Covenant on Civil and Political Rights (ICCPR)
and the Universal Declaration of Human Rights (UDHR), any restriction on the
right to freedom of expression, like a block, must pass the three-part test of legality,
legitimacy, and necessity. However, the military’s blocking regime failed every pillar
of this test.
First, the blocks were not legally sound. The military was not a lawful government
and therefore its directives were not lawful too. Even if the government was lawful,
the directives lacked transparency, legal precision, legal predictability, judicial
oversight, and avenues for appeal.
Second, the blocks were not necessary to achieve the
legitimate aim of protecting national security
(assuming that is what the directives claimed). The
blocks were targeted at websites like the media that
do not threaten the existential security of the country
but rather only threaten the military’s control of the
State. National security claims cannot be invoked to
protect authorities from embarrassment or to
conceal illegal acts (like a coup).
“National security” is not
a license for regime
survival. The systematic
blocking of the media is
a violation of
international law
Third, the harm caused by the blocks was not
proportionate to any potential benefit. Blocking entire social media platforms and
media websites with their millions of users and pages of information was a blanket
measure that far exceeds any real localised security requirement.
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