Telenor reverses stance, blocks ethnic news media amid crackdown on journalists

Government refuses to release list of sites it ordered blocked, arrests several reporters from ethnic news media

Published on Apr 2, 2020
Published on Apr 2, 2020
A netizen scrolls through the DMG website in March 2020. (Photo: Sai Zaw/ Myanmar Now)
A netizen scrolls through the DMG website in March 2020. (Photo: Sai Zaw/ Myanmar Now)

After first defying government orders to block several ethnic news websites, Telenor has decided to fully comply, the Norwegian telecom announced in a statement Monday night.

In late March the ministry of transport and communications ordered Telenor and other telecom companies to block a total of 221 websites it accused of broadcasting either explicit sexual content, child sexual abuse or fake news and misinformation.

Under section 77 of Myanmar’s Telecommunications Law, the government can order internet access restrictions in “emergency situations.”

On March 23, Telenor blocked 154 websites it said the government classified as having “adult/explicit content” but refused to block the sites listed as “fake news,” saying it could not find a sufficient legal basis to do so. 

On March 30 it reversed that decision, blocking all 221 websites.

“After further dialogue with (the communications ministry),” the company’s statement read, “Telenor has assessed that the risk involved in not following the directive as regards fake news is likely to have wider implications in terms of servicing the public.” 

Over the next 24 hours, several journalists including and an editor in chief were detained.

Telenor representatives were not available for comment. 

On March 30, Nay Myo Linn, editor-in-chief of the Mandalay-based Voice of Myanmar, was arrested and charged under the country’s Counter-Terrorism Law for an interview he conducted with the spokesperson of the Arakan Army (AA), the ethnic armed group warring with the Myanmar military in northern Rakhine state.

The government declared the AA a terrorist organisation last week. The interview was published Monday. 

On March 31 three reporters, including two interns, from Nirinjara - an ethnic news site based in the Rakhine capital Sittwe - were detained for six hours before being released around midnight.

Their editor in chief, Khine Myat Kyaw, also faces terrorism charges. Myanmar Now learned Monday that he has gone on the lam. 

Journalists and freedom of speech activists have called on the government to drop the charges, accusing it of using the vaguely-worded law to suppress dissent and stifle free speech.

Ethnic news targeted 

There are four major telecom providers in Myanmar: MPT, Mytel, Ooredoo and Telenor.

Mytel is a joint venture between the military-owned Myanmar Economic Corporation (MEC) and Viettel, a Vietnamese telecommunications company. Ooredoo is Qatari-owned. 

On March 21 the communications ministry, taking suggestions from several other government ministries, asked all four to block websites it said were broadcasting ‘fake news’ or graphic sexual content, said Myo Swe, the ministry’s director.

“It isn’t just our ministry. Every ministry reviews sites it wants blocked. Maybe these websites are being blocked because they post fake news,” he said, adding that sites are often submitted for review by the public as well. 

Representatives from Narinjara and Development Media Group (DMG) - two well-regarded ethnic news sites that cover the fighting in Rakhine in both Burmese and English - told Myanmar Now that access to their sites have been blocked on MPT and Mytel networks since early last week.

DMG said its site was blocked by all four telecoms on March 24, but that Telenor had briefly lifted the ban on March 26. It is now blocked by every mobile internet provider in Myanmar. 

“Strange things happened to the site before access was blocked. The traffic and load time both shot up. We tightened our cybersecurity a little bit, and since then the site has been inaccessible on mobile phones,” Nyo Tun, website operations manager for DMG, told Myanmar Now.

DMG sent a letter to the telecommunication operators seeking clarification but has not yet received a response. 

Narinjara staff told Myanmar Now that MPT began blocking their site on March 23. The site is now unreachable on all networks but Ooredoo.

Narinjara video editor Naung Khaing Aung told Myanmar Now his organisation has not reached out to the telecom companies yet. 

Myanmar Now is still trying to reach telecom company representatives for comment.

The AA website is unavailable on Mytel, Telelnor and MPT networks, but Myanmar Now was able to access it on Ooredoo. 

The website of the Karen News Agency, based in Karen state, also appears to be inaccessible on all networks but Ooredoo.

Since March 23, all four operators have blocked the popular pornography websites PornHub.com and YouPorn.com. 

Vague orders, excessive measures

Myo Swe claims many of the sites it listed as ‘fake news’ were spreading misinformation about the Covid-19 pandemic. 

But the government has refused to release the list of ‘fake news’ websites they submitted to telecom companies, making it difficult to assess these claims - nonetheless so considering Telenor could not initially find legal grounds to comply with the order.

“We recognize that tackling disinformation and online falsehood about COVID-19 is an important part of the fight against the pandemic,” the company said in its latest statement, adding that it would stand by the country’s efforts to spread access to reliable information on the disease. 

“Telenor appears to have taken a decision based on the risk of having government interrupt their service to millions of users at this time of emergency,” said Myanmar Centre for Responsible Business director Vicky Bowman.

But, she told Myanmar Now, she is disappointed with the government’s approach. 

She said it needs to be transparent with both telecom operators and the public about what they consider to be fake news.

“Some of the sites which have been blocked are ethnic news agencies covering a variety of content, and it is unclear why they should be included in emergency measures apparently relating to Covid,” she said. 

“Takedown requests - if they need to occur - should be specific to pieces of content, not censorship of entire websites.”

The blocks apply not just to mobile phone users in Rakhine but throughout the country. 

Myanmar ICT for Development Organisation (MIDO) executive director Htike Htike Aung told Myanmar Now her organisation is creating a running list of human rights and ethnic media websites that have been blocked so far and will push to restore access to them.

“If we can prove that the government has directed providers to censor these websites, it would prove a massive assault on freedom of expression and the free press. We need information now more than ever - it’s a matter of life and death,” she said. 

Transparent guidelines are needed for applying section 77 of the Telecommunications Law to ensure it’s not used “to undermine the right to freedom of expression,” Bowman added.

Internet blackout 

The government has blocked internet access outright in several townships in northern Rakhine and southern Chin state for most of the past nine months, where fighting has been ongoing between the AA and the Myanmar military.

This blackout is particularly worrying during the current coronavirus pandemic, said speaker San Kyaw Hla in a March 25 parliamentary session. 

“I am especially concerned for our 150,000 citizens currently living in refugee camps there,” he said.

Minbya township MP Hla Thein Aung told Myanmar Now that the Rakhine state parliament and civil society groups have repeatedly asked the government to restore internet access but that the government has not responded.

Chan Thar is Reporter with Myanmar Now

Aung Nyein Chan is Senior Reporter with Myanmar Now

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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