information created, modified or altered by electronic technology to be detrimental
to the interest of or to lower the dignity of any organisation or any person” may be
imprisoned for 5 years and/or fined. (s34(d))
Chapter V Formation of the Electronic Transactions Control Board and Functions
and Powers thereof
9. The Central Body:
(i) having access to and inspecting and checking the operation of any computer
system and any associated apparatus or material which it has reasonable cause to
suspect is or has been in use in connection with any offence under this Law;
(j) exposing and acquiring any necessary identification document from any person
with respect to any offence contained in this Law;
Risks of Company Involvement in Human Rights Violations
ICT companies could be implicated in assisting alleged criminal offences under the
Electronic Transactions Law. As with the 2013 Telecommunications Act (see above),
there are provisions that tie the revocation or suspension of ICT companies’ licences to
compliance with Government conditions, which has the potential to cause adverse
impacts to users’ rights to freedom of expression and/or their privacy. These provisions
include:
The law states that “[w]hoever attempts to commit any offence of this Law or conspires
amounting to an offence or abets the commission of an offence shall be punished with
the punishment provided for such offence in this Law.” (s38)
Since Government-issued licenses are required for entities to become a “certification
authority” for purposes of engaging in electronic transactions, licensees are subject to
suspension or cancellation of licenses for failure to comply with Government imposed
conditions. This could include requests to turn over information on the identity of
users. (s28).
Computer Science Development Law (1996)
Background, Scope and Objectives
The Ministry of Science and Technology is in the process of revising the 1996 Computer
Science Development Law which was intended to accelerate the growth of technology in
Myanmar 99. The new law is to be named the “Information Technology Development Law”
and is being drafted with support from the Myanmar Computer Federation (MCF). A draft
of the revised law has reportedly been sent to the President’s Office before a public
review.
99
Myanmar Computer Science Development Law (1996).
CHAPTER 2:
ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK
79
2