Myanmar: Outline of Rules Affecting Freedom of Expression
fund public broadcasters through a direct public levy, for example on an electricity bill or
based on television set ownership.
It is also important that public broadcasters have a clear mandate set out in law, both to clarify
what is expected of them and to provide for an accountability framework. The precise details
of this mandate will depend on the country and context, but these broadcasters are normally
expected to fulfil such functions as providing a comprehensive and quality news service,
giving voice to and satisfying the information needs of all sectors of society, developing
national culture and programming, and providing educational programming.
3.2.5. Digital Space
The Internet does not have the same bandwidth limitations as television and radio
broadcasting. As a result, the Internet is not a limited public resource and no legitimate
justification exists for imposing licensing requirements on online speech. It may be legitimate
to establish licensing or registration processes governing the means of distribution of Internet
access (for example, through cable, satellite or mobile phone services). However, it is not
appropriate to impose special licensing systems on Internet service providers or Internetbased communications services, above and beyond those that apply generally to
telecommunications service providers.
To be legitimate, restrictions on online speech should normally be content-specific rather than
applying to whole websites or platforms. Mandatory blocking of entire websites, IP
addresses, ports, network protocols or types of uses (such as social networking), as well as
removal of webpages from servers, is an extreme measure that should be undertaken
exceptionally and require authorisation from a judicial or other body which is not subject to
political influences. Such measures are justifiable in only narrow circumstances, for example
where they are necessary to protect children against sexual abuse. Decision-makers should
publicise which sites they have blocked and the reasons for doing so.
The act of disrupting or blocking access to Internet services and websites is a form of prior
restraint, i.e. a type of action that prohibits speech or other forms of expression before they
can take place. The justification of any such measure therefore comes with a heavy burden of
justification under the three-part test for restrictions on freedom of expression. General
Internet shutdowns for a given geographic area are inconsistent with international human
rights law because they invariably fail to meet the requirement of necessity and are
disproportionate.
Consistently with the principle of ‘net neutrality’, States should refrain from and legislate
against differential treatment of Internet traffic based on device, content, author, destination,
or origin of data. States should also require Internet service providers to be transparent about
their management of Internet traffic.
The Centre for Law and Democracy is a non-profit human rights organisation working
internationally to provide legal expertise on foundational rights for democracy.
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