Table 21: Provisions of other Domestic Laws at Risk of Infringing the Rights to Freedom of Expression and Freedom of Association and Raising Potential Liability Freedom of Expression Penal Code (1957) 104 Key Provisions of Concern: − s121: Authorises death penalty for anyone who “incites” the “commission of treason”. − s123 & s124: Authorises imprisonment for anyone who “encourages” the commission of treason or “by words… attempts to bring into hatred or contempt, or excites dissatisfaction (or attempts) towards” the Government. − Although these provisions do not explicitly specify electronic communications, this could be implied from the provisions. Provisions raising potential liability for ICTs: − s124B: Anyone who “knowingly or willfully prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter which advocates, advises, or teaches the duty, necessity, desirability or propriety of overthrowing or destroying any such organ by force or violence…shall be punished with imprisonment of either description for a term which may extend to not less than three years and not more than ten years, and shall also be liable to fine.” Emergency Provisions Act (1950) 105 Key Provisions of Concern: − s5: Up to 7 years imprisonment for communication that “alarm[s]” people in a way that would create panic, or “spread[ing] false news, knowing, or having reason to believe that it is not true,” and “affect[ing] the morality or conduct of the public/a group...in a way that would undermine the security of the Union or the restoration of law and order”. − Although this provision does not explicitly specify electronic communications, such expression could be covered by the provisions. Official Secrets Act (1923) 106 Key Provisions of Concern: − s3C: Authorises imprisonment for up to 14 years for anyone who, “for any purpose prejudicial to the safety or interests of the State… obtains, collects, records or publishes or communicates to any other person any…article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy.” 104 Myanmar Penal Code (1957). Myanmar Emergency Provisions Act (1950). 106 Myanmar Official Secrets Act (1923). 105 CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK 83 2