Table 9: Principal Existing Domestic Laws Relevant to ICTs
ICT-specific Domestic Laws:
Telecommunications Law (2013)
Electronic Transactions Law (2004)
Computer Science Development Law (1996)
Laws Related to Freedom of Association Relevant to the Use of ICTs:
Law Relating to the Registration of Organisations (2014)
Unlawful Associations Act (1908)
Other Domestic Laws at Risk of Infringing Human Rights Relevant to the Use of
ICTs:
Emergency Provisions Act (1950)
Official Secrets Act (1923)
Myanmar Constitution (2008)
Penal Code of Burma (1957)
Table 10: Existing Gaps in Myanmar’s ICT Legal Framework
There are a number of substantive areas currently unaddressed under Myanmar
laws or regulations. These represent major gaps in the protection of Myanmar
people, ICT users and ICT companies. They include:
Data Privacy
Data Protection
Access to Information
Cybercrime
Lawful Interception
Intellectual Property
Table 11: Summary of Human Rights at Risk under Domestic ICT Laws
Freedom of Expression
Telecommunications
Law (2013)
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− Criminalisation of legitimate
expression: s68(a) & (b) and
s66(c) & (d)
− Arbitrary blocking or filtering
of content: s77
− Arbitrary disruption or
disconnection of Internet
access: s77
Right to Privacy
Equality of
Access
− Government monitoring
and surveillance of user
activity and content: s77 &
s78
− Government access to
user-identifying data and the
right to anonymity: s75 & s77
− Equality of
Access to
information and
benefits of ICTs
for the rural poor,
and ethnic,
cultural and
religious
minorities: s55
CHAPTER 2:
ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK