FREEDOM
ON THE NET
2016
MYANMAR
he wanted to marry Suu Kyi.58 The regional court denied his bail request in June;59 he was found not
guilty in July.60
However, the NLD did not press charges against an individual using the Facebook account name Ye
Lwin Myint who threatened to kill Aung San Suu Kyi, after the user issued an apology. On February 3,
the Ye Lwin Myint account posted a threat to shoot Suu Kyi if Article 59(f) of the constitution, which
bars her from the presidency, was suspended.61
Surveillance, Privacy, and Anonymity
State surveillance, historically pervasive and politicized, abated after the political opening but has
intensified somewhat since 2013 due to religious unrest and the opposition-led constitutional reform movement, among other issues. Regrettably, the Telecommunications Law introduced scope
for abuse. Clause 75 grants unspecified government agents the authority “to direct the organization
concerned as necessary to intercept, irrespective of the means of communication, any information
that affects the national security or rule of law.” The clause added that the government would do so
without affecting the fundamental rights of the citizens, but included no privacy protections. Clause
76 allows the government to inspect or seize this information on the premises of private telecommunications enterprises.
In March 2016, Telenor and Ooredoo told journalists that authorities have asked them to provide
private customer information 85 times in total under an interim agreement with the regulator while
a framework establishing procedures for compliance with the Telecommunications law remains
pending. Telenor reported complying with 11 out of 58 requests, and Ooredoo with nine out of 27.
Both companies said that requests have been so far limited to historical data or call records.62 MPT
refused to supply the media with any information about such requests. Several international and
local civil society representatives and some diplomats believe that the military has stepped up surveillance by means of wiretapping, hacking and even intercepting Voice over Internet Protocol (VoIP)
calls amid the intensifying social protests and political rivalries developing during the coverage
period.63
Intimidation and Violence
No incident of violence was reported during this coverage period, though journalists operating on
and offline reported receiving death threats. In just one example, an anti-Muslim extremist threatened journalists in June 2015 following the Democratic Voice of Burma’s coverage of Rohingya
The Associated Press, “Myanmar Anti-Muslim Activist Arrested for Post About Suu Kyi,” via Voice of America, May 5, 2016,
http://www.voanews.com/content/myanmar-anti-muslim-activist-arrested-for-post-about-suu-kyi/3316586.html .
58
59 Salai Thant Zin, “The Irrawaddy: Court denies bail to ultra-nationalist politician charged with defamation,” Burma Net, June
21, 2016, http://www.burmanet.org/news/2016/06/21/the-irrawaddy-court-denies-bail-to-ultra-nationalist-politician-chargedwith-defamation-salai-thant-zin/ .
60 Salai Thant Zin, “Nationalist Provocateur Let Free in Defamation Case,” Irrawaddy, July 15, 2016, http://www.irrawaddy.com/
burma/nationalist-provocateur-let-free-defamation-case.html .
61 Toe Wai Aung, “NLD accepts apology from Facebook user,” Myanmar Times, February 10, 2016, http://www.mmtimes.com/
index.php/national-news/18895-nld-accepts-apology-from-facebook-user.html .
62 Catherine Trautwein, “Mobile operators comply with one in four data requests,” Myanmar Times, March 30, 2016, http://
www.mmtimes.com/index.php/business/technology/19721-mobile-operators-comply-with-one-in-four-data-requests.html .
63 Interviews with a family member of Thura Shwe Mann, who was purged in August 2015 from the ruling party’s
chairmanship, and one senior diplomat” December 2015.
www.freedomonthenet.org