Myanmar: Digital Content Regulation [T]he importance of applying a comprehensive human rights-based approach when providing and expanding access to the Internet and for the Internet to be open, accessible and nurtured by multi-stakeholder participation.3 The same resolution also condemned: [M]easures aiming to or that intentionally prevent or disrupt access to or dissemination of information online, in violation of international human rights law.4 The 2011 Joint Declaration on Freedom of Expression and the Internet by the special international mandates for freedom of expression at the United Nations, Organisation of American States, Organization for Security and Co-operation in Europe and African Commission5 highlighted that States have a duty to promote universal access to the Internet: Giving effect to the right to freedom of expression imposes an obligation on States to promote universal access to the Internet. Access to the Internet is also necessary to promote respect for other rights, such as the rights to education, health care and work, the right to assembly and association, and the right to free elections.6 The same Joint Declaration made it clear that regulation of the Internet must conform to general international standards regarding restrictions on freedom of expression: Freedom of expression applies to the Internet, as it does to all means of communication. Restrictions on freedom of expression on the Internet are only acceptable if they comply with established international standards, including that they are provided for by law, and that they are necessary to protect an interest which is recognised under international law (the ‘three-part’ test).7 The three-part test comes from Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR),8 a treaty ratified by 169 States as of October 2017, which states: (3) The exercise of the rights provided for in paragraph 2 of this article [guaranteeing freedom of expression] carries with it special duties and Resolution A/HRC/32/L.20, 27 June 2016. Available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/32/L.20 4 Resolution A/HRC/32/L.20, 27 June 2016. Available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/32/L.20. 5 The United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information. Since 1999, these mandates have adopted a Joint Declaration annually focusing on a different freedom of expression theme. 6 1 June 2011. Available at: www.law-democracy.org/wp-content/uploads/2010/07/11.06.JointDeclaration.Internet.pdf. 7 Ibid. 8 UN General Assembly Resolution 2200A(XXI), adopted 16 December 1966, in force 23 March 1976. Article 19(2) guarantees freedom of expression. 3 -2-