Electronic Transactions Act
(2004)
Computer Science
Development Law
(1996)
− 7-15y imprisonment and/or
fines for using technology to
do acts detrimental to “state
security” or “community
peace and tranquillity” and
other vague and undefined
terms: s33(1) & (b)
− 5y imprisonment and/or
fines for creating, modifying
or distributing information
detrimental “to the interest of
or to lower the dignity of any
organisation or any person”:
s34(d)
2
− Broad powers granted to a
“Control Board” able to
access and inspect any ICT
it has “reasonable cause” to
suspect was involved in an
offence under the Act: Ch.
V.9
− 7-15y imprisonment for
anyone using a computer or
network to engage in “any
act” which undermines e.g.
“state security” or “community
peace and tranquillity” and
other vague and undefined
terms: s35
2013 Telecommunications Law
Background, Scope and Objectives
The recent Telecommunications Law (No. 31/2013) was adopted in October 2013,
revoking the 1885 Myanmar Telegraph Act and 1934 Myanmar Wireless Telegraphy
Act. 90 It also reportedly replaces the Wide Area Network Order (No. 3/2002).
Objectives of the 2013 Telecommunications Law include: 91
Supporting the modernisation and development of the nation with telecommunications
technology
Enabling telecommunications services that will be able to provide high quality and
worthy (sic) services to users by allowing fair and transparent competition from
domestic and abroad in the telecommunications sector which is developing
Giving more opportunities to the general public to use the telecommunications service
by expanding the telecommunications network in the entire country along with the
telecommunications technology which is developing
Protecting telecommunications service providers and users in accord with the law,
including through consumer protection standards
90 See DFDL unofficial translation of Myanmar Telecommunications Law (No. 31/2013).
91 See Section 4, Myanmar Telecommunications Law (No. 31/2013)
CHAPTER 2:
ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK
71