140 Dictating the Internet: In Myanmar, section 77 of the Telecommunications Law was used to shut down the internet in nine townships in Rakhine and Chin states, amidst intensified armed conflict between the Myanmar military and Arakan Army forces.552 On 20 June 2019, the Ministry of Transport and Communications issued an order to telecommunications and mobile network providers to shut down access to the internet, noting “disturbances of peace and use of internet activities to coordinate illegal activities” in the regions.553 Government representatives alleged that the shutdown was necessary for public order and “the benefit of all people”, in response to “racial hatred in Rakhine… because of racial hate speech and propaganda on social media”.554 Section 77 of the Telecommunications Law dictates that the Ministry of Transport and Communications “may, when an emergency situation arises to operate for public interest, direct the licensee to suspend a Telecommunications Service, to intercept, not to operate any specific form of communication, to obtain necessary information and communications, and to temporarily control the Telecommunications Service and Telecommunications Equipments”.555 Lack of clarity in the provision as to what an “emergency situation” entails, and its failure to include safeguards preventing violations of fundamental rights and freedoms allowed the Myanmar government to impose an internet shutdown in contravention of international human rights law. In its analysis of the government’s actions, Article 19 – a non-governmental organization that focuses on freedom of expression – highlighted that the government had not established a legitimate aim for the shutdown, as it had not provided credible or legitimate information on allegations of “disturbances of peace and use of internet activities to coordinate illegal activities” to sufficiently justify a shutdown. It further found that the shutdown had been a disproportionate 552 The townships were Ponnangyun, Kyauktaw, Maungdaw, Buthidaung, Rathedaung, Maruk-U, Minbya and Myebon townships in Rakhine State, and Paletwa township in Chin State. The Arakan Army is an armed group fighting for greater autonomy in Rakhine State. See Free Expression Myanmar, ‘Internet Shutdown in Rakhine and Chin States’, 24 June 2019, Available at: http:// freeexpressionmyanmar.org/internet-shutdown-in-rakhine-and-chin-states/; Myanmar Centre for Responsible Business, ‘Lift the Restrictions on Internet Access’, 28 June 2019, Available at: https://www.myanmar-responsiblebusiness.org/news/lift-the-restrictions-on-internet-access.html 553 Telenor Group, ‘Network shutdown in Myanmar, 21 June 2019’, 21 June 2019, Available at: https:// www.telenor.com/network-shutdown-in-myanmar-21-june-2019/; Shoon Naing, ‘Myanmar orders internet shutdown in conflict-torn Rakhine state: telco operator’, Reuters, 22 June 2019 (‘Reuters, 22 June 2019’), Available at: https://www.reuters.com/article/us-myanmar-rakhine/myanmarorders-internet-shutdown-in-conflict-torn-rakhine-state-telco-operator-idUSKCN1TN0AX; Telenor Group, ‘Update on the network shutdown in Myanmar, 13 August 2019’, 13 August 2019, Available at: https://www.telenor.com/update-on-the-network-shutdown-in-myanmar-13-august-2019/ 554 Brig. Gen. Zaw Min Tun, a spokesman for the Myanmar military, reportedly stated this, while U Myo Swe, Chief Engineer for Myanmar Posts and Telecommunications, reportedly stated that “The internet will resume when stability is restored” and that the shutdown was “for the benefit of the people”. Hannah Beech, Saw Nang, ‘The Government Cut Their Internet. Will Abuses Now Remain Hidden?’, New York Times, 2 July 2019 (‘NY Times, 2 July 2019’), Available at: https://www. nytimes.com/2019/07/02/world/asia/internet-shutdown-myanmar-rakhine.html 555 Telecommunications Law, section 77.