4 4.1 the UN High Commissioner for Human Rights noted that 10 journalists were imprisoned during 2014 “under outdated defamation, trespassing and national security laws”. 226 The right to freedom of expression includes the right to seek, receive and impart information. There is currently no law on freedom of information in Myanmar, although civil society is advocating for such legislation. 227 The Government is making preparations to join the Open Government Partnership, an international organisation that seeks strong commitments from participating governments to promote transparency, fight corruption, harness new technologies and increase participation of civil society to make the Government more open and accountable. 228 In order to join, the Government must meet certain criteria; however, it reportedly scored very low in a 2014 assessment. 229 Moreover a December 2014 Asia Foundation survey found very limited public knowledge about Government institutions and functions, and a low level of social trust. 230 The Government imposed restrictions on the media during the November 2010 elections, which were widely believed to be neither free nor fair, although such restrictions were eased for the 2012 by-elections. Freedom of expression is thus especially important in the run-up to the General Elections scheduled to take place on November 8th 2015. Journalists and civil society will seek to inform the public about elections procedures, campaigning by political parties, and election results. Myanmar media is receiving training on election reporting and civil society working on electoral issues, and political parties have had several meetings with the Union Elections Commission on codes of conduct, voter registration and other election-related issues. 231 In addition, civil society groups are developing innovative ways to utilise new communication tools, including disseminating information about voter lists 232 and assisting with election monitoring. 233 However, mobile communications have been used in other elections to incite violence (see Kenya case study, in Chapter 3, Table 30). Telecommunications and ICT policy and law in Myanmar is still in a nascent state and as a result, the Government has not yet addressed other areas that will have impacts on the freedom of expression, opinion and information such as intellectual property, defamation, net neutrality, competition 234 and online anonymity. 235 This means that, for the time being, individual ICT companies will manage these issues according to their own policies or Terms of Service. Of the wide range of actors in the ICT value chain in Myanmar, an increasing number are local start-ups and are likely to have little awareness of relevant 226 UN OHCHR “Myanmar ‘needs urgently to get back on track“ Seid (25 February 2015). Eleven Media “Rights Group Pushes for Freedom of Information Law” (26 January 2015). 228 Mizzima “Myanmar aims to join the Open Government Partnership”, (12 November 2014). See also Open Government Partnership 229 Myanmar Times “CSOs to give input on Open Government Partnership Bid” (22 October 2014). 230 Asia Foundation “Asia Foundation Releases Results of Nationwide Myanmar Public Opinion Survey” (12 December 2014). 231 New Light of Myanmar, “Elections and responsibility of the media” (7 March 2015) and Myanmar Times, “UEC to meet civil society, parties” (13 February 2015). 232 Irrawaddy “Electoral Education Underway as Batch of Voter Lists is Released“ (31 March 2015). 233 Irrawaddy “Myanmar Civil Society Learns How To Harness ICT At USA ‘Tech Camp’“ (16 January 2014). 234 VDB Loi “Myanmar’s New Competition Law: A Pitbull or a Paper Tiger?” (8 March 2015). 235 For a longer explanation of many of these issues, see for example: Special Rapporteur on Freedom of Expression, InterAmerican Commission on Human Rights, “Freedom of Expression and Internet” (2013). 227 124 PAGE CHAPTER 4.1: FREEDOM OF EXPRESSION