Pfingo, and VZOChat, while many Internet cafe ´s were closed while waiting for the
resumption of normal Internet access speeds.
Slow upload speeds are an indication not just of capacity in Burma, but also of intentional design. Even after connectivity was largely resumed after the Internet shutdown,
Internet speeds controlled with proxy caching servers were slowed to 256 Kbps in a
likely attempt to prevent or diminish the uploading of videos and photos. 46 Although
broadband subscribers can choose to pay according to access speeds (512 kbps, 256
kbps, or 128 kbps), they must also accept upload speeds that are half the download
speeds in each subscription. 47
Legal and Regulatory Frameworks
Despite ongoing and grave human rights violations committed by the SPDC, equal
protection under the law (Art. 347), freedom of expression and peaceful assembly
(Art. 354), the right to education (Art. 366), freedom of religion (Art. 36), and other
fundamental rights are guaranteed in the amended constitution adopted in May
2008. 48 Although the SPDC has stated that 380 domestic laws are being reviewed for
compliance with constitutional human rights provisions, 49 it continues to apply broad
laws and regulations to punish citizens harshly for any activity deemed detrimental to
national interests or its continued grip on power.
All domestic radio and television stations, as well as daily newspapers, are state
owned and controlled. 50 While more than 100 print publications are now privately
owned, 51 the Ministry of Information limits licensing to media outlets that agree to
print only approved material and to submit to vigorous advanced censorship by its
Press Scrutiny and Registration Division. 52 For example, in the wake of Cyclone Nargis,
media were prohibited from publishing stories depicting the devastation and human
suffering. 53 Publishing license regulations issued by the Ministry of Information in
2005 are prodigious in scope, banning negative news and commentary about ASEAN,
any ‘‘nonconstructive’’ criticism of government departments, coverage of national disasters and poverty that affect the public interest, and the citation of foreign news
sources that are detrimental to the state. 54 In effect since 1962, the Printers and Publishers Registration Law applies to all ‘‘printed published matter’’ and requires the registration of all printing presses, printers, and publishers, as well as the submission of all
books and newspapers as they are published. 55 Similar restrictions apply in the Video
and Television Law, which provides for three years’ imprisonment for ‘‘copying, distributing, hiring or exhibiting videotape’’ that has not received the prior approval of
the Video Censor Board. 56
Online access and content are stringently controlled through legal, regulatory, and
economic constraints. As in other areas, however, the state’s policies are difficult to
assess because they are rarely published or explained.
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