discussions, standards and concerns around human rights issues and the ICT sector and their potential impact on the freedom of expression. 4.1 Access to Information in Myanmar There are a number of different dimensions to ‘access to information’ — the right to seek, receive and impart information, the availability of services in local languages and the actual availability of service (in terms of intentional shutdowns or restrictions of telecommunications services and the blocking, filtering or takedown of content). Article 19 has identified international best practices for right to information legislation (Table 35). Table 35: ARTICLE 19’s Nine International Best Practices Principles on the Right to Information Legislation 236          Maximum Disclosure: Freedom of Information Legislation should be guided by the principle of maximum disclosure Obligation to Publish: Public bodies should be under an obligation to publish key information Promotion of Open Government: Public bodies must actively promote open government Limited Scope of Obligations: Exceptions should be clearly and narrowly drawn and subject to strict ‘harm’ and ‘public interest’ tests Processes to Facilitate Access: Requests for Information should be processed rapidly and fairly and an independent review of any refusals should be available Costs: Individuals should not be deterred from making requests for information by excessive costs Open Meetings: Meetings of public bodies should be open to the public Disclosure Takes Precedence: Laws which are inconsistent with the principle of maximum disclosure should be amended or repealed Protection for Whistle-blowers: Individuals who release information on wrongdoing – whistle-blowers – must be protected Right to Information/Freedom of Information The Myanmar Framework for Economic and Social Reforms Policy Priorities for 2012-15 (FESR) contains a clear commitment to both the right to information and the freedom of information, highlighting the need to “move as quickly as possible to define, legalise and enforce the right to information and to improve citizens’ access to information” and to “developing an institutional environment for free flow and access to information that empowers civil society”. 237 The FESR also states: “GOM [the Government of Myanmar] intends that citizens are able to participate in the political process and to be well informed about policy decisions, which in turn will improve accountability. GOM has also emphasised cooperation with civil society, as a strong and active civil society is a critical counterpart to a more capable, 236 Article 19, “The Public’s Right to Know.” Article 19, an international NGO focused on Article 19 of the UDHR on freedom of expression, has also published “A Model Freedom of Information Law”. 237 Myanmar Framework for Economic and Social Reforms Policy Priorities for 2012-15 (FESR), para 114 CHAPTER 4.1: FREEDOM OF EXPRESSION 4 125

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