4 4.1 While these statements cover Internet shutdowns and network shutdowns in conflict situations, there is ambiguity as to the impact of mobile shutdowns in a Government proclaimed ‘emergency’. The Government of Myanmar has an opportunity for leadership in this area by committing to a ‘no shutdown’ policy, and only taking control of telecommunications networks in the most urgent of circumstances, for example a natural disaster of the scale of Cyclone Nargis that hit the country in 2008 where control of the network may be necessary to organise rescue operations. Table 37 identifies key points for legislation on network shutdown which could underpin such a ‘no shutdown’ commitment. Anonymity Online The issue of anonymity when communicating on the Internet is a contentious area that splits expert opinion. One view holds that people should be identifiable and therefore responsible for what they express, speak, or post on the Internet, as online anonymity can be abused in order to bully or ‘troll’ others and target and exploit children. In addition, online anonymity permits State officials to assume false identities in order to spy on minority groups, for example gay rights activists on social networking websites. Therefore, it is right that online service providers insist on users registering accounts with their real name and if the name is found to be fake, the account could be removed. The other view holds that in many countries, those who express themselves openly face severe consequences if they are found out, and they have legitimate reasons to conceal their identity. Journalists, human rights defenders, trade union leaders, opposition politicians, dissidents, whistle-blowers, and other activists fall in this category. Using pseudonyms to protect identity is a practice that pre-dates the Internet. Journalists have long used assumed names when exposing injustice or speaking out against authoritarian regimes, a practice deemed necessary in order to protect freedom of expression. Human rights law does not require people to reveal their identities, and drawing from that, it is not necessary for Internet users to communicate only using their real name. Requiring people to register and provide their personal information to authorities can have significant consequences in certain societies and it can create a ‘chilling effect’ on freedom of expression. The MCIT issued draft regulations on the registration of SIM cards, which could have had the same effect through requiring SIM card owners to register personal information. No final regulations appear to have been issued. (See Chapter 4.3 on Privacy). International Human Rights Law on Freedom of Expression The Universal Declaration on Human Rights (UDHR) (Art. 19) and the International Covenant on Civil and Political Rights (ICCPR) (Art. 19) are the main international instruments that states commit to regarding the protection of freedom of expression. 130 PAGE CHAPTER 4.1: FREEDOM OF EXPRESSION

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