4 4.1 Chapter 4.1 Freedom of Expression In this Chapter: A. Context • Freedom of Expression, Opinion and Information and the ICT Sector • Freedom of Expression and Opinion in Myanmar • Access to Information in Myanmar • International Human Rights Law on Freedom of Expression • The Myanmar Legal Framework and its Current Application B. Field Research Findings C. Freedom of Expression Recommendations for ICT Companies D. Relevant International Standards and Guidance on Freedom of Expression A. Context Freedom of Expression, Opinion and Information and the ICT Sector Under international human rights law and standards, everyone has the right to hold opinions without interference and the right to freedom of expression, including the freedom to seek, receive and impart information. Technological developments and the growth of the ICT sector means the opportunities to express oneself have likewise grown exponentially. The expansion of the ICT sector has allowed individuals to communicate instantly and at a low cost. It has had a dramatic impact on journalism and the way in which we share and access information and ideas. However the ICT sector can enable or impede the right to freedom of expression and access to information. For example, ICT companies may be asked by governments to illegitimately restrict online content or media broadcasts, or to hand over information on users and their communications. This censorship of content restricts freedom of expression and opinion. If users feel they are being watched, this can cause a ‘chilling effect’ on freedom of expression. There is growing concern from global civil society and some companies about this, accompanied by some corporate efforts to push back on Government requests for censorship. This can have positive implications for protecting the right to freedom of expression but also potential negative business consequences by risking formal or informal sanctions 218. Companies in parts of the ICT value chain play a direct role in facilitating or denying the right to free expression, through the choices they make to allow, block or take down content as outlined in their Terms of Service policies. 219 218 See for example the Global Network Iniative and the Telcoms Sector Dialogue, and the UN Global Compact “Human Rights and Business Dilemma Forum: Freedom of Expression, Speech and Opinion” (last accessed August 2015). 219 See for example, Council of European Union, “EU Human Rights Guidelines on Freedom of Expression Online and Offline” (2014). 122 PAGE CHAPTER 4.1: FREEDOM OF EXPRESSION