Discussion and Suggestion: The Emergence of the Myanmar Digital Rights Declaration to Ensure the Digital Rights of the Modern Age
Summary
1. Introduction
2. Digital Rights Violation Events which occurred in Myanmar’s Digital Sphere
2.1 Internet Shutdown Events
2.2 Controlling and Limitation of Freedom of Expression and Rights to Information
2.3 Blocking and Obstruction of Digital Platforms
2.4 Digital Space and Gender Equality Issues
3. Proposing Framework for Digital Rights
3.1 Preventing Internet Blocking/Suspension
3.2 Freedom of Expression
3.3 Freedom of access to information
3.4 Privacy and data protection
3.5 Digital literacy
3.6 Privacy Rights
3.7 Gender Equality and Digital Rights
4. Implementation Processes
4.1 Establishing Policy Consistency
4.2 Integrating the Stakeholders
4.3 Ownership
4.4 Announcing to Public
4.5 Deliver to International Community
5. Possible Issues and Solutions
6. Conclusion
Discussion: The Emergence of the Myanmar Digital Rights Declaration to Ensure the Digital Rights of the Modern Age
Summary
In the digital age, we discussed the need for the emergence of ‘the Myanmar Digital Rights Declaration’ to protect individual digital rights after studying the current digital repression processes in the country and to be able to respond to and safeguard against these repressions. In this regard, we discussed implementation strategies for establishing a digital rights framework after examining the difficulties that exist in the existing digital realm. Its purpose is to serve as a source of strength to protect and promote digital rights and norms that are important for the current political situation in Myanmar and for the new nation that will emerge after the revolution for Myanmar society.
1. Introduction
With global technological advancements, the use of the internet is becoming increasingly integral to the daily routines of life, economy, education, health, and communication for people of all classes across Myanmar. As a consequence of that connection, although it brings significant changes that improve convenience in daily life, Myanmar’s digital space is facing concerning situations related to the protection of individuals’ digital rights.
Internet shutdowns, restrictions and interference with the right to information, breaches of individuals’ online privacy, surveillance and punitive actions against online expression, and the blocking of digital platforms such as Facebook and Instagram have occurred frequently in both the past and present of Myanmar’s digital environment. That being the case, there is an obligation to mendory implement a “Myanmar Digital Rights Declaration” to protect digital rights for the current political situation in Myanmar and for the new nation that will emerge after the revolution.
2. Digital Rights Violation Events which occurred in Myanmar’s Digital Sphere
Due to the development of digital technology, while there are numerous advantages for social life, we are also facing several challenges that affect the digital rights of internet users in Myanmar.
2.1 Internet Shutdown Events
During the military government of U Than Shwe in 2007, the military enforced an internet shutdown to prevent images and videos of the military’s violent suppression of peaceful protesters during the Golden Saffron Revolution, called for lower consumer prices, political dialogue, and the release of Daw Aung San Suu Kyi and political prisoners, from reaching global media.
Under the NLD-led government, the internet shutdown imposed in eight townships of Rakhine State and Paletwa township in Chin State from June 21, 2019, until the start of the 2021 military coup is recorded as one of the world’s longest internet shutdowns.
After the 2021 coup, SAC imposed nationwide internet shutdowns six times and at least 306 location-based internet shutdowns. According to the report of “Athan” published in March 2024, more than 80 townships are currently experiencing the internet shutdown.
2.2 Controlling and Limitation of Freedom of Expression and Rights to Information
There is no end to the control and limitation of freedom of expression and the right to information in Myanmar.
For those repressions, it has been found that the Electronic Transactions Act (2004), the Telecommunications Law (2013), and Official Secret Act (1923) have been used to enforce legal oppression.
Wa Lone and Kyaw Soe Oo, Reuters journalists, were arrested in December 2017 accused of breaking the colonial-era Official Secrets Act.
According to section 66 (D) of the Telecommunications Law, a lot of individuals who express their opinions on social media were sued. Under this law, there have been at least 8 cases where the intermediary person filed a lawsuit due to criticism to the State Counselor, 7 cases during the Union Solidarity and Development Party’s tenure, and 61 cases during the NLD-led government. A large number of social media users, including journalists, were prosecuted by this law.
The Electronic Transactions Act is also known as the notable law used to suppress online freedom of expression. Enacted in 2004, it was first amended in 2014 and then again in 2021 following the coup. Critics, including lawyers and human rights defenders, have indicated that the law undermines the right to freedom of expression. After the 2021 coup, as actor Thinzar Wint Kyaw and model Nan Mwe San were arrested under this law, many others were also prosecuted for their online expressions.
After the coup SAC pressured telecoms operations in Myanmar to install interception equipment to fully surveillance the public’s actions. As evidence, Telenor Myanmar announced that they decided to stop their operation in Myanmar because they would not desire to follow the instruction to install the surveillance tools.
In addition, following the coup, 210 journalists were taken into custody and 54 journalists 54 journalists received arrest orders.
Due to the arrest of journalists and the termination of publication licenses, many news media outlets, including 7 Days and The Voice, have been shut down, and some media outlets have moved to outside of the county and are operating as exile media, facing various challenges in their efforts to continue their operations.
2.3 Blocking and Obstruction of Digital Platforms
In the current Myanmar digital landscape, it has been found that not only are individuals’ online expressions and activities being surveilled, but social networking platforms, news media websites, and other sources are also being blocked to disrupt access.
Thus, the situation of restriction of services on the internet had occurred since the 2007 golden saffron revolution. At that time, the blog platforms were banned. After the coup, the SAC has made greater efforts to block internet services to disrupt communication and access to information for users.
Within a few days after the coup, SAC banned the popular social media platforms, including Facebook, Twitter and Instagram. After that, on January 21, 2021, SAC drafted and published a Cyber Law Draft, which included a lot of limitations for digital users, including VPN banning. Yet this law did not reach the enforcement stage, social media users in Myanmar continued to access the platforms banned by the SAC using VPNs. On May 30, 2024, SAC began tightening its prohibition on VPNs used by most Internet users.
2.4 Digital Space and Gender Equality Issues
In the context of digital equality in Myanmar, gender equity issues are also fundamental concerns. It was found that according to a baseline survey by LirneAsia released in 2015, the percentage of women who have never used a phone is five percent higher than that of men. According to a report by GSMA released in 2016, women in Myanmar are 29% less likely to own a mobile phone than men. The survey results provide evidence that the percentage of digital assets owned and used by men and women differs significantly.
It was discovered that not only digital access gap issues but also many target attacks on women are also in the digital landscape. Following the coup, it has been observed that the mobile phones of detained women were inspected, and sexually explicit photos found on them were shared online. In addition, women who supported and participated in the anti-dictatorship movement were targeted by having their social media accounts searched, followed by defamation using sexually suggestive images. “After observing a quantitative analysis of 1.6 million Telegram posts, ‘Myanmar Witness‘ found that politically motivated online abuse of Myanmar women was at least five times more prevalent at the end of 2022 compared to the weeks following the coup. The survey indicated that the overall prevalence of abusive posts targeting women on Telegram was up to 500 times higher than international baselines for abuse prevalence on social media, where these exist. The survey also added 83% of posts analyzed in the qualitative investigation were directed at women who support the Myanmar National Unity Government (NUG) or People’s Defence Forces (PDF).” In that situation we can clearly notice the women using the internet in the Maynamar’s digital environment are suffering more targeted attacks if we compare with international rate. In addition, we can perspicuously observe that there have been more targeted attacks against individuals because of their beliefs.
3. Proposing Framework for Digital Rights
We propose here a Myanmar Digital Freedom and Digital Rights Framework to address both past and present digital repression events, which includes the following principles.
3.1 Preventing Internet Blocking/Suspension
Given that the internet is a fundamental necessity in today’s society, internet shutdowns should never occur.
3.2 Freedom of Expression
Individuals must have the freedom to express their own opinions openly on the internet without fear of any interference or intimidation.
3.3 Freedom of access to information
Everyone must have equal rights to share the internet and digital resources without any kinds of discrimination based on race, religion, color, ethnic origin and sexual orientation.
3.4 Privacy and data protection
Individuals must have the rights to implement concrete measures to protect against cyber attacks and privacy violations.
3.5 Digital literacy
The promotion of digital literacy is essential for navigating safely and effectively in the digital space.
3.6 Privacy Rights
Individuals have the right to control their data and to protect unauthorized data collection and misuse.
3.7 Gender Equality and Digital Rights
In considerations of digital rights, protections must be provided against digital attack targeting women (or individuals with gender diversity), and favorable conditions must be created to ensure equal standing within the digital sphere.
4. Implementation Processes
We would like to suggest the following process to ensure effective adoption and compliance the “Myanmar Digital Rights Declaration.”
4.1 Establishing Policy Consistency
The facts contained in the “Myanmar Digital Rights Declaration” should align with international digital rights and be adjusted using the framework of recommendations provided in this paper, in order to effectively address the digital rights issues that we are facing today.
4.2 Integrating the Stakeholders
For the Digital Rights Declaration implementation, it should be led by groups with expertise in digital rights. Afterward, revisions should be made to address gaps and ensure inclusivity, considering inputs from groups representing various sectors such as children, women, and persons with disabilities. Additionally, recommendations from technology experts should be incorporated to make the declaration relevant to current conditions. Discussions and consultations with grassroots organizations should also be conducted.
4.3 Ownership
“Myanmar Digital Rights Declaration” should not be implemented based on the individual stance of any single group or organization. In that situation, it should be jointly released by all groups that agree to it, with collective ownership of the declaration.
4.4 Announcing to Public
Groups and organizations involved in the “Myanmar Digital Rights Declaration” should share it with the public as widely as possible so that the public becomes aware of their digital rights.
4.5 Deliver to International Community
We should deliver it to the international organizations to be widely aware by the international digital rights community of our country/regional’s situation.
5. Possible Issues and Solutions
The current political transition, political landscape, and political changes in Myanmar are the key challenges in advocating for and implementing the provisions of the “Digital Rights Declaration” to ensure that all citizens fully enjoy their fundamental rights. According to the controlled territories, implementing the diversity administrative mechanisms is the great challenge to obtain fully digital rights including the “Myanmar Digital Rights Declaration” for all citizens. Nevertheless, as an advantage, the regions where groups are implementing governance mechanisms, including ethnic areas and other controlled territories, are among the places that have been significantly affected by communication disruptions. These groups have a strong understanding of the critical importance of internet and communication networks for the public.
The role of stakeholders implementing governance mechanisms, including in ethnic areas and other controlled territories, is important when efforts are made to ensure that all citizens have full access to digital rights, as outlined in the “Digital Rights Declaration.” As key stakeholders in the governance structure of the new federal state, we need to coordinate with them to promete the best possible digital rights and freedoms for the public. Moreover, collaborating with human rights activists and various groups to promote digital rights for the public is a key and practical solution in the current context.
6. Conclusion
Myanmar has experienced digital rights and digital freedom issues throughout its history and continues to face harmful digital repression after the coup. In modern society, digital rights are human rights preserved for everyone. Therefore, freedom from digital repression is crucial for the new nation that will emerge after the revolution, particularly in areas dominated by ethnic armed groups and revolutionary forces. Thus, a concrete framework is important to protect individual rights. The proposed Digital Rights Declaration is a crucial document that intends to leave behind the history of digital repression experienced in Myanmar, ensure that everyone benefits from digital technology, and fully secure the digital rights of each individual. Therefore, we respectfully request the relevant groups and organizations to support and implement this framework together.