The Telecommunication Law contains 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. 60
A framework establishing procedures for compliance with interception requests
under the Telecommunication Law was still pending during the coverage period of
this report. 61 In early 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. Telenor reported complying with 11 out of 58
requests, and Ooredoo with 9 out of 27. Both companies said that requests were
limited to historical data or call records. 62 MPT refused to supply the media with any
information about such requests. 63 Internationally, Facebook reported that it
received one legal request for user data during the reporting period, between July and
December 2016, but did not comply. 64
There are few restrictions on anonymous internet use, though the NLD government
enforced registration of SIM cards of mobile phone users by March 31, 2017. 65
Registration requirements had not been strictly implemented in the past. The Ministry
of Transport and Communications blocked 6 million unregistered SIM cards after the
deadline. 66 The ministry said mobile phone operators will be advised when they
receive their license that they must register the buyer of each SIM card they sell.
Mobile subscribers will have to give their name, a copy of their ID, date of birth,
address, gender, and nationality in order to register. 67
Intimidation and Violence
At least two incidents of violence against journalists were reported during this
coverage period. Both worked for traditional media outlets, but may have been
targeted in part because of information circulated on the internet.
Soe Moe Tun, a reporter for Eleven Media, was found dead with head injuries in
Monywa in the northwestern Sagaing region, on December 13, 2016. He was reporting
on illegal wood smuggling, among other issues. 68 Less than a week before he was