Freedom of Expression and Opinion in Myanmar The opening of the ICT market in Myanmar and loosening restrictions on freedom of expression since the 2011 reforms has meant that people have enjoyed wider opportunities to express themselves, share information and communicate in ways that were previously denied. The choices and rules that companies and the Government make as the ICT sector expands will have significant impacts in future on the right to freedom of expression and access to information. Recognising that Myanmar is starting from one of the lowest penetration rates for mobile or Internet in the world, the Government put ambitious requirements on telecommunications operators to expand coverage 220. In addition, the World Bank is financing pilot projects to implement localised ICT infrastructure in locations not covered by the commercial operators. 221 Since the reform process began in Myanmar during 2011, there have been signs of improvement in the rights to freedom of expression. This includes loosening restrictions in law and practice, on the media, and in the right to peaceful assembly and the ability to stage peaceful protests. 222 In August 2012 the Government lifted pre-publication censorship, under which the Government had previously required print media to be submitted for approval and censorship before publication. The authorities have also permitted the publication of independent daily newspapers and allowed exiled Myanmar media organisations to return to the country. Independent Myanmar media report regularly on criticism of the Government by civil society, protest demonstrations, and the authorities’ crackdown on such demonstrations. However, during 2014 journalists faced increased harassment and intimidation, and one journalist was shot dead when he reportedly tried to escape from military custody. 223 Reporting on corruption or the military remains problematic, as shown by the arrests of Unity journalists in July 2014, some of whom were sentenced to years of hard labour for an article on an alleged military weapons factory. 224 While the vast majority of those imprisoned solely for peaceful expression of their views have been released, including journalists, scores remain behind bars and others are at risk of arrest and imprisonment under a number of laws criminalising freedom of expression. 225 Indeed, in February 2015 220 The government initially set a goal of 80 percent penetration rate by 2016, but adjusted this goal to 50 percent in a May press conference. See Jeremy Wagstaff, “Mobile revolution in Myanmar is on the cards, but too slow for many,” Reuters (20 January 2013); Justin Heifetz, "'Beauty contest’ for Myanmar’s telecoms bid," Mizzima (14 May 2013); United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organisation of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, “Tenth Anniversary Joint Declaration: Ten Key Challenges To Freedom Of Expression In The Next Decade“ (2010) setting out concerns about differences in access to the Internet.. 221 World Bank “Project Appraisal Document On a Proposed Credit in the Amount of SDR 20.60 Million ($31.5 Million Equivalent) to the Republic of the Union of Myanmar for a Telecommunications Sector Reform Project” (January 2014). 222 In January 2013 the President abolished Order No. 2/88 of 18 September 1988, which had banned gatherings of five people or more. See: The Republic of the Union of Myanmar President’s Office, “Order No. 3/2013” (28 January 2013) and “Order No 2/88”. 223 UN Information Centre, “Statement of the Special Rapporteur on the Situation of Human Rights in Myanmar” Yangon, (16 January 2015). The Committee to Protect Journalists (CPJ) has designated Burma as the 9th most censored country in the world. 224 See for example, The Irrawaddy, “Burma Resorting to Police State Tactics’ in Unity Trial: US Official” (17 July 2014). 225 Amnesty International “Stop Using Repressive Law against Peaceful Protesters” (15 October 2014). CHAPTER 4.1: FREEDOM OF EXPRESSION 123 4 4.1