A/HRC/42/CRP.5 Marm Oo learned that he was being investigated under section 17/2 of the Unlawful Associations Act, a charge that carries a penalty of up to five years of incarceration.1041 451. The Tatmadaw stated that the cases were opened because the media organizations’ coverage of the Rakhine conflict was unfair. The military said it preferred to use criminal offences rather than the media law, because the penalties for breaches of the media law were not harsh enough.1042 Collectively, these measures resulted in a chilling effect on the on the media.1043 452. The Mission concludes on reasonable grounds that the use of the Telecommunications Law and Unlawful Associations Act against these three editors contravenes the right to freedom of expression. The Mission’s 2018 report provided an analysis of section 66(d) of the Telecommunications Law and the Unlawful Associations Act.1044 The Mission reiterates its recommendation that they should be repealed or, at a minimum, amended to conform with international human rights standards. 1045 2. Internet Shutdown in Rakhine and Chin States 453. On 20 June 2019, Myanmar’s Ministry of Transport and Communications instructed all mobile operators in Myanmar to suspend internet services in Ponnangyun, Kyauktaw, Maungdaw, Buthidaung, Rathedaung, Mrauk-U, Minbya and Myebon townships in Rakhine State and Paletwa Township in Chin State.1046 The shutdown was authorised under section 77 of the 2013 Telecommunications Law, which allows for services to be suspended in an “emergency situation” when doing so is “in the public interest”.1047 The shutdown went into effect at 10 pm on 21 June 2019, Myanmar time. The shutdown did not include voice and SMS services. It affected more than one million residents, many of whom may have lost access to the internet given its widespread use in Myanmar. This is the first instance of the application of Article 77 of the 2013 Myanmar Telecommunication Law.1048 The Ministry of Transport and Communications is under the control of the civilian side of the Myanmar Government. 454. The ten township-wide shutdown lasted for over two months. On 31 August 2019, midnight local time, the Ministry partially lifted the shutdown in Buthidaung, Maungdaw, Rathedaung and Myebon Townships in Rakhine State and in Paletwa Township in Chin State.1049 At the time of writing, the shutdown remained in place in the four remaining townships. It has been one of the longest internet shutdowns in history and has had severe and varied effects on the civilian population.1050 455. According to a media interview given by a representative of the Ministry of Transport and Communications at the time the directive was announced, the shutdown was 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 LI-221, LI-222, Amnesty International, “Rakhine Journalist in Hiding, Facing Charges” (ASA 16/0580/2019 Myanmar, 24 June 2019), Fortify Rights, “Myanmar: Drop Case Against Rakhine Journalist Aung Marm Oo” (News Release, 21 May 2019), Committee to Protect Journalists “Myanmar journalist Aung Marm Oo in hiding as police seek his arrest” (13 May 2019). The Irrawaddy, “Media’s Unfair Coverage Exhausts Military’s Patience: Spokesperson” (30 April 2019). LI-188, JM-003 A/HRC/39/CRP.2, para. 1294. A/HRC/39/CRP.2, para 1686(a). Telenor, “Network shutdown in Myanmar, 21 June 2019” (Media Statement, 21 June 2019) Myanmar Telecommunications Law (2013), s.77. 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/ Telenor Group, “Internet Services Restored in Five Townships in Myanmar” (Media Statement, 1 September 2019), available at: https://www.telenor.com/internet-services-restored-in-five-townshipsin-myanmar-01-september-2019/; Al Jazeera, “Myanmar partially lifts internet blackout in Rakhine, Chin states”, 1 September 2019. 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, Free Expression Myanmar, Internet Shutdown in Rakhine and Chin States, (24 June 2019). 127