In Myanmar, ICT booms along with dangers

Starting from a very low base in 2011, the number of Internet users in Myanmar has climbed to about three million while the number of mobile phone subscribers exceeds 30 million. 

Yet, as the country’s information and communications technology sector catches up with the rest of the world, there is concern over the potential negative impact this will have on people due to the country’s poor legal framework.

“The headlong rush to roll out a modern [communications] network countrywide brings challenges, particularly in the absence of effective enforcement of labour and safety laws, or adequate policy and legal frameworks,” said Vicky Bowman, director of the Myanmar Centre for Responsible Business. “These gaps are compounded by most users’ lack of ICT experience. This can put them and others at risk.” 

The centre this month launched the sector-wide impact assessment on the ICT sector.

Bowman admitted that the booming ICT sector brings new opportunities to people – including the right to education, health and information, and the right to participate in cultural life and government. Yet, the survey in six regions and states during October and February showed it infringed individual rights and caused some dangers to users. 

These include the risk of ICT undermining data privacy, as well as enabling various forms of cybercrime, including child sexual abuse images, cyberbullying and stalking, hate speech, and selective blocking of websites.

There are also offline dangers. As fibre and telecom masts are rolled out rapidly across the country, there is an inconsistent respect for labour rights and safety by multiple layers of subcontractors. Other offline challenges include inadequate stakeholder engagement and management of land leasing.

“Modern laws do not exist for most human rights risks posed by the ICT sector in Myanmar, in particular with respect to lawful interception, data privacy, access to information, certification bodies, cybersecurity, data protection and cybercrime,” Bowman said.

Margaret Wachenfeld, the Institute for Human Rights and Business’ director for research and legal affairs, said a major challenge relates to the current legal framework not being designed for the modern technological age nor aligned with international standards.

 “A legacy of military era laws intended to restrict communication sits uneasily with a burgeoning sector that exists, in many ways, to do the opposite,” she said.

To fill the gap, the government needs to establish a coherent policy framework with adequate safeguards; improve wider legislative and regulatory reforms on freedom of expression and association [and] land use and management and labour issues; improve data protection standards and cybersecurity; improve digital literacy of users; and strengthen requirements for responsible business conduct in the ICT sector. Private companies operating in the industry are also urged to adopt international practices.