5/22/22, 12:03 AM Myanmar: Freedom on the Net 2021 Country Report | Freedom House Myanmar’s regulatory bodies have reportedly been under the direct authority of the military since the coup. The MoTC’s Posts and Telecommunications Department (PTD) is responsible for regulating the telecommunications sector. The PTD was once both the regulator and a monopoly service provider for the telecommunications sector. These roles were separated a number of years ago, with the PTD acting as the regulator and MPT acting as the state-controlled service provider. The PTD’s responsibilities include issuing and renewing telecommunications licenses, regulating the frequency spectrum, addressing consumer protection, inspecting and supervising telecommunications providers, and carrying out any administrative actions against providers. 83 The whole of the MoTC, including both the PTD and MPT, is reportedly now influenced by the military-controlled MoHA. 84 Orders from the MoTC to providers to install interception spyware before the coup, for instance, came from former military officials (see C5). The nature of this management remains largely opaque, as the military does not publish the directives it issues (see A4, B1, and B3). 85 The military has also repeatedly and publicly threatened MoTC staff who have participated in strikes against the coup. 86 Even before the coup, both the PTD and MPT lacked proper safeguards to protect regulatory and operational independence, leaving them vulnerable to political interference. For example, in March 2020, presidential spokesperson Zaw Htay said the government would “fulfill every request” made by the military regarding lengthy internet shutdowns in conflict zones (see A3). 87 Furthermore, the bodies’ decision-making processes are opaque, and they rarely engage or consult with civil society. 88 Article 86 of the 2013 Telecommunications Law outlines the responsibilities of a Myanmar Communications Regulatory Commission (MCRC), which has yet to be established. 89 Even though the mandate for the MCRC’s composition does not sufficiently safeguard its independence, the Telecommunications Law calls for the MCRC to take over regulatory functions from the PTD. The commission would also operate a mechanism to adjudicate any administrative disputes in the telecommunications sector. Many analysts suggested that the government had long failed to establish the MCRC because it was unwilling to relinquish the more direct control it had over the telecommunications sector through the PTD. 90 The Pricing and Tariff Regulatory Framework showcases how telecommunications rules favor stateowned service providers. The framework, an initial set of rules for mobile service providers, came into force in 2017 and included new floor pricing and a ban on offering free SIM cards or supplying telecommunications services below cost, among other provisions. The rule on floor pricing included a minimum charge for data ($0.00065 per MB of data), calls, text messaging, and other services. The floor pricing, which was more expensive than some providers’ prices at the time of adoption, was established for all providers to follow. However, the government waived floor pricing for the military-owned Mytel, reportedly to enable it to achieve rapid growth when it was first launched. 91 Another state institution, the Myanmar Computer Federation, was formed under the 1996 Computer Science Development Law and is composed of industry professionals. It is the designated focal point for coordination with technology-related associations, working groups, and other stakeholders in the sector. In the years prior to the coup, civil society groups raised concerns that the federation was progovernment and operated opaquely. 92 For example, the federation’s leadership supported some of the government’s more draconian digital surveillance policies. 93 Since the coup, the federation has TOP spoken out to criticize the military’s actions. 94 B. Limits on Content https://freedomhouse.org/country/myanmar/freedom-net/2021 8/28