Burma: Freedom of expression in transition | Politics and society

Fifty years of authoritarian rule has left its mark on Burmese society affecting the speed and process of transition.

This chapter will explore the political landscape and its potential effect on freedom of expression, the current impact of the government, constitution and judiciary on freedom of expression. Following this the chapter will explore how the ongoing ethnic conflict has impacted upon free speech and how recent developments in the right to freedom of association have affected the ability to protest in Burma.

It is unclear whether the transition to a functioning democracy based on the rule of law and human rights will be completed, or whether the transition will remain incomplete: this will have the largest impact on freedom of expression in Burma in the near-future.

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Burma: Freedom of expression in transition | Media freedom

It will be argued in this chapter that the media in Burma is freer now than at any point in the last decade, yet significant challenges remain and there are troubling signs on the horizon.

The abolition of the pre-censorship of the printed press, the return of daily newspapers and of formerly exiled independent newspapers and media outlets all point to demonstrable change since the beginning of the transition. It is also a better climate for journalists with the release of a number of journalists from jail during the transition.
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Burma: Freedom of expression in transition | Artistic freedom

“In the past political art was very easy – ‘this government is bullshit’ – but now due to the transition period and role of Aung San Suu Kyi in government it’s more complex, people are wary of making sweeping statements.”[21]

The abolition of pre-censorship in the print media has created a more widespread relaxation of pre-censorship including for other artistic forms. Artists were clear that the situation had improved significantly since the beginning of the transition, in particular there was more freedom to criticise the military and the USDP. One clear indicator of the greater openness was demonstrated by The Art of Transition symposium co-produced by Zarganar’s company HOME (House of Media and Entertainment) and Index. The symposium, which was a licensed event, was the first cross art form debate about artistic freedom of expression in the country.
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Burma: Freedom of expression in transition | Digital freedom

Real improvements have been made that strengthen digital freedom of expression in Burma from ending the blocking of Skype calls, to restrictions on internet cafe use being lifted and a reduction in SIM costs which will open up access to the internet and mobile telecoms. However, the legal framework remains largely unchanged during the transition to civilian government, in particular the draconian Electronic Transactions Act which contains many restrictive provisions on internet use. Built into the network infrastructure there are physical restraints on the internet in Burma with only one internet gateway for personal users allowing the possibility of deep packet inspection and web filtering. Upload speeds in Burma remain slow and the country’s mobile telephone and internet usage is one of the world’s lowest, which affects the dissemination of information. It is also alleged that activists’ email accounts have been hacked by the state. While in practice the internet and internet activists are considerably freer than a year ago, in theory they are still liable to lifetime prison sentences for the political use of email accounts. Without legal reform and technical reform, digital freedom of expression will remain chilled and mobile and internet use will continue to be highly limited.

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