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maximum disclosure should be amended or repealed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
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