2
Risks to Right to Freedom of Expression
Similar to the 2004 Electronic Transactions Law, the 1996 Computer Science
Development Law provides for lengthy terms of imprisonment for anyone using a
computer to do anything that undermines “community peace and tranquillity”, “national
unity” and other vague and undefined conduct (Table 18). It also puts limitations on use of
ICTs. Criminal penalty could result from connecting to or establishing a “computer
network” without MCIT permission.
Table 18: Provisions of the Computer Science Development Law with Potential to
be used to Infringe Freedom of Expression
Anyone “using computer network or any information technology” to engage in
“carrying out any act which undermines State Security, prevalence of law and order
and community peace and tranquility, national unity, State economy or national
culture” or “obtaining or sending and distributing any information of State secret
relevant to State security, prevalence of law and order and community peace and
tranquility, national unity, State economy or national culture” may be imprisoned for
7-15 years and/or fined. (s35)
Anyone wishing to establish “a computer network or connecting a link inside the
computer network” must apply for prior permission from the MCIT. (s29)
Risks of Company Involvement in Human Rights Violations
ICT companies could be liable for abetting offences under the Computer Science
Development Law. In particular:
“Whoever attempts or conspires to commit any offence under this law or abets in the
commission of such offence shall, on conviction be punished with the same penalty
prescribed in this Law for such offence.” (s38)
This again raises the risk that if ICT companies, in order to maintain their legal licenses to
operate, comply with Government measures to restrict computer use, they may as a result
be involved in adverse human rights impacts caused by the Myanmar Government.
Law Relating to the Registration of Organisations (2014)
Background, Scope and Objectives
For decades the Myanmar authorities greatly restricted the right to form organisations and
arrested those attempting to do so. In 1988 the military government issued a Decree
called the Associational Law (Law No. 6/88), which named categories of banned
organisations and provided for harsh terms of imprisonment and fines for people
belonging to these organisations. However as part of the political, economic and legal
reform process, which began in 2011, new efforts were made to change laws governing
freedom of association. The culmination of such work by CSOs and Parliament was the
enactment of the Law relating to Registration of Organisations in July 2014. The law
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CHAPTER 2:
ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK