Freedom of speech and expression carries with it special duties and responsibilities and is not absolute. 256 Legitimate Restrictions on the Right to Freedom of Expression, Opinion and Information Article 19(3) of the ICCPR provides that freedom of expression may be subject to certain restrictions which are: “a) For respect of the rights or reputation of others; or b) For the protection of national security, or of public order (ordre public) or of public health or morals.” Any restrictions must pass a three-part, cumulative test which should assess whether they: i. ii. iii. are provided for in national law which is clear and accessible to everyone (principle of legal certainty, predictability and transparency) have a legitimate aim or purpose, i.e. one of the purposes set out in Article 19.3 (principle of legitimacy), and are necessary and proportionate to the legitimate aim pursued, meaning that the restrictions must the least restrictive means required and justifiable (principles of necessity and proportionality). The Myanmar Legal Framework and its Current Application 2008 Constitution The right of citizens “to express and publish freely their convictions and opinions” (Article 354 (a)) is guaranteed by the 2008 Constitution, but with significant restrictions. Article 354 guarantees the rights to freedom of expression, peaceful assembly, and association; however exercising such rights must not contravene “community peace and tranquillity”. These are very broadly and vaguely worded exceptions that could be (and have been) used to justify infringements to the guaranteed right that go well beyond the high bar imposed under international human rights law to justify restrictions on the freedom of expression. 257 Moreover, the right to freedom of expression is only guaranteed for Myanmar citizens. Laws Enacted Before 2011 and Still In Force Many laws that greatly restrict freedom of expression and peaceful assembly have not been repealed and the authorities continue to use them to arrest and imprison people for peaceful activities. These include, but are not limited to:  1908 Unlawful Associations Law  1950 Emergency Provisions Act  1923 Official Secrets Act  Various articles of the Penal Code, especially Article 505(b) 258 Before the reform process began, the vaguely worded provisions of the 1950 Emergency Provisions Act, particularly Article 5, were most frequently used to sentence people to long 256 See UN Human Rights Committee, “General Comment 34: Article 19 - Freedoms of opinion and expression“ (11 September 2011). 257 Legal Background paper commissioned for IHRB. 258 For a discussion of these and other laws, see Amnesty International, “Justice on Trial” (July 2003). CHAPTER 4.1: FREEDOM OF EXPRESSION 131 4 4.1