the people,” although this power was never intended to
be used to block all content.117 The law does not
explicitly hold intermediaries liable for content, but
some provisions are vague and could feasibly be
interpreted to justify content removal.118 There are also
no avenues for appealing restrictions,119 and the only
potential safeguard against abuse, the MCRC, has still
not been established (see A5).
In the absence of the MCRC, the PTD retains control
over content restrictions. The PTD does not publish
procedural information on how or when any such
decisions are made, or by whom. Military directives—
and government directives before the coup—that order
internet shutdowns and website blocks have not been
published, and users have had to rely on
telecommunications companies and civil society testing
for more information about content restrictions.120 The
orders have become so common that many are
conveyed to providers by telephone rather than
through official channels.121 Recipients of directives are
unwilling to publicize the orders’ exact terms due to the
risk of legal liability, including potential violations of
the Official Secrets Act, and there have been no
reported legal challenges to test the directives’
lawfulness in courts. The only ISP that had been
documenting and publishing the existence of restrictive
directives following the coup, Telenor, ceased those
activities on February 14, citing threats of license
revocation and intimidation of staff.122
In 2018, following complaints about its content
moderation from within Myanmar and elsewhere,
Facebook increased its moderation activity, expanded
its appeals process for account and page takedowns,123
and established a self-regulatory Oversight Board.124
According to the company, it subsequently removed
hundreds of Facebook and Instagram pages and
accounts—with millions of followers—that had
originated within and outside of Myanmar and were
found to have violated the platforms’ community
standards.125 Removals in 2018 included the accounts
and pages of top military commander Min Aung
Hlaing, other military leaders, and the military’s
Myawaddy television network,126 as well as accounts
associated with the Buddhist ultranationalist group Ma
Ba Tha.127 After the coup, Facebook removed or
reduced the distribution of many pages run by the
military or military companies, including Tatmadaw
True News Information Team, MRTV, and MRTV
Live.128 The pages and accounts of various ethnic rebel
groups have also been removed by Facebook in recent
years, as the company deemed them “dangerous
organizations.”129 This designation meant that any
content supporting the groups could also be removed
once identified. An unintended consequence of
Facebook’s increased moderation activity has been the
removal of legitimate content.130
Some activists continue to argue that some of
Facebook’s removals have compromised the public’s
right to information about important national
stakeholders, and that they have swept up a wide range
of valid content, including commentary on and
documentation of human rights violations.131 For
example, certain media outlets, journalists, and human
rights defenders have alleged that their content was
wrongfully removed, particularly journalistic reporting
about banned organizations.132 Despite requests from
civil society,133 Facebook is only minimally transparent
about its restrictions. Some in Myanmar’s civil society
sector suspect that this opacity masks significant
internal problems, such as poorly trained staff who lack
contextual and language expertise, problematic and
insufficient algorithms,134 and discriminatory decisionmaking.135 The Oversight Board has agreed to review
one case in which an appellant challenged Facebook’s
decision to remove a post criticizing the postcoup
environment on the grounds that it violated the
platform’s hate speech policy.136
A 2020 survey of journalists conducted by Free
Expression Myanmar found that Facebook had warned
a third of the participants that their journalistic content
violated the platform’s community standards.137 Of
those surveyed, 15 percent said they had content
removed. Since the coup, several news outlets have
reported receiving Facebook warnings after they posted
photos of murdered protesters.138
In addition to Facebook, video platforms such as
YouTube and TikTok have increased their content
removals since the coup (see B5).139 YouTube has
removed at least five military-controlled channels,
including the state-owned MRTV and the militaryowned Myawaddy Media, MWD Variety, and MWD
Myanmar.140 Following international media
attention,141 TikTok slowly took action to remove some
of the extremely violent videos posted by soldiers on
the platform, many of which threatened peaceful
protesters with various weapons and methods of
murder.142 In one video, viewed 180,000 times, a soldier
Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတ်လပ်မ/ - ြမန်မာ2ိ4င်ငံ - Page 12