Recs
Clarify and limit the Telecommunications Law provisions on telecommunications
network shutdowns in line with international standards.
A suspension of
telecommunication services (mobile and/or landline) must be prescribed by law and
only invoked if there is a real and imminent threat to national security or a national
emergency. There must be a clear and transparent process around who is authorised
to make a shutdown request, it should be limited in geography, scope and duration,
and should be publicly reported after the fact. Network shutdowns affecting the whole
country should never be authorised.
Make a commitment not to shut down the network during the upcoming
elections. Instead put in place plans to deal with potential emergencies, such as
appropriate restrictions on the circulation of mass messages inciting violence and hate
speech.
Introduce regulations on protecting data privacy in line with international standards.
Mandate clear data protection and security standards for entities licensed to
provide mobile money services and other online services.
Consider alternative options to mandatory SIM card registration given the
potential chilling effects on freedom of expression.
Do not prevent companies from reporting on the nature and number of requests
they receive from the Government of Myanmar for lawful interception,
communications data, content removal or blocking of websites, or requests for network
shutdowns.
3. Improve wider legislative and regulatory reforms on
freedom of expression and association, land use and
management and labour issues to ensure appropriate
safeguards around Government activities and a coherent
framework for responsible business conduct in the ICT
sector.
There are a wider range of laws that affect the ICT sector and users in Myanmar, many of
which are part of the Government’s ambitious programme of legal and regulatory reforms.
As with the ICT-specific laws, these reforms should encourage further ICT development
but in a way that protects the rights of the population and encourages responsible
business conduct. (See Chapter 2 on ICT Government Institutions, Policies & Legal
Frameworks for further information).
Key Points for Implementation
Freedom of Expression and Association:
Amend the Law Relating to Peaceful Assembly and Peaceful Procession to
eliminate the criminalisation of protests and demonstrations, which are
increasingly taking place using ICTs.
Amend key laws restricting the right to freedom of expression, including 1908
Unlawful Associations Law, 1950 Emergency Provisions Act, 1923 Official Secrets Act,
and various articles of the Penal Code, especially Article 505(b).
Fully implement Articles 3 and 4 of the 2014 Media Law, which provide for
“freedom from censorship” and freedom to criticise the Government. Ensure that the
media, including online journalists, are able to perform their legitimate functions without
fear of censorship or arrest.
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RECOMMENDATIONS TO THE GOVERNMENT OF MYANMAR