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.
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CHAPTER 4.1: FREEDOM OF EXPRESSION