Curtailing Free Expression, Opinion and Information Online in Southeast Asia
measure which breached the government’s obligation to employ the least
restrictive means to achieve an aim of national security and public order.556
Even if the government had provided sufficient national security or
public order justifications, however, the blanket shutdown of the internet
in Rakhine and Chin states would have still contravened the rights to free
expression and information and other rights, including the rights to assembly,
association, education, health and work. Humanitarian organizations working
in the region reported having difficulties in coordinating humanitarian and
relief efforts without internet access, human rights organizations highlighted
that monitoring of rights abuses had been crucially restricted, even as
armed conflict had intensified during the period of the shutdown, and local
lawmakers stated that they were unable to receive updates or information
from people in their townships.557 The UN Special Rapporteur on the human
rights situation in Myanmar expressed concern that the shutdown could allow
for the military to commit violations against civilians and “do whatever they
want under the name of national security”.558 A Member of Parliament from
Rakhine State reiterated this concern, stating that the shutdown “destroys
the rule of law and security”.559
As of September 2019, the shutdown had been partially lifted.560
Philippines, Vietnam and Indonesia
In the Philippines, Vietnam and Indonesia, legal regulations were
not clearly provided for internet shutdowns in the countries – in violation of
the requirements of legitimacy, necessity and proportionality for executive
measures. While the shutdowns were purportedly advanced to ensure public
order, in all the cases below, State authorities failed to provide sufficient
evidence, legal justifications or redress or accountability mechanisms to
ensure that the fundamental rights and freedoms of individuals would be
respected amidst an internet shutdown.
556 Article 19, ‘Briefing Paper: Myanmar’s Internet Shutdown in Rakhine and Chin States’, 2 August
2019, Available at: https://www.article19.org/wp-content/uploads/2019/08/2019.08.01-MyanmarInternet-Shutdown-briefing-.pdf
557 HRW, 28 June 2019; Reuters, 22 June 2019; NY Times, 2 July 2019; Joint statement on the
internet shutdown in Rakhine and Chin States by digital rights organisations and other civil society
organisations, Association for Progressive Communications, June 2019, Available at: https://
www.apc.org/en/pubs/joint-statement-internet-shutdown-rakhine-and-chin-states-digital-rightsorganisations-and
558 Al Jazeera, ‘US joins calls for Myanmar to end internet shutdown’, 30 June 2019,
Available at: https://www.aljazeera.com/news/2019/06/joins-calls-myanmar-internetshutdown-190629181233538.html
559 NY Times, 2 July 2019.
560 Sam Aung Moon, ‘Myanmar partially lifts internet shutdown in conflict-torn Rakhine, Chin states’,
Reuters, 1 September 2019, Available at: https://www.reuters.com/article/us-myanmar-rakhine/
myanmar-partially-lifts-internet-shutdown-in-conflict-torn-rakhine-chin-states-idUSKCN1VM13J
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