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. 16 PAGE RECOMMENDATIONS TO THE GOVERNMENT OF MYANMAR

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