Under section 33 of the Electronic Transactions Law, Internet users face prison terms of
seven to fifteen years for any act “detrimental to security of the State or prevalence of
law and order or community peace and tranquility or national solidarity or national
economy or national culture,” or receiving or sending state secrets.
This provision was used to prosecute prominent bloggers Nay Phone Latt and Thin July Kyaw
for their work in getting information to the outside world during the 2007 crackdown, and to
arrest and convict social satirist and activist Zargana for his criticism of the government’s
response to Cyclone Nargis in 2008.21 In March 2011, Nay Myo Zin, former army captain and
founder of Myanmar Social Development Network, became the first political prisoner to be
detained under President Thein Sein.22 Nay Myo Zin was sentenced in August 2011 under the
Electronic Transactions Law for an email criticizing the government’s national reconciliation
efforts.23 While authorities conditionally released Nay Myo Zin in January 2012 under a
presidential amnesty, officials have since ordered him to serve six years of his original tenyear sentence under the Electronic Transactions Law on May 7, 2013.24 Since November 21,
2012, authorities have charged three journalists under the Electronic Transactions Law.25
In addition, provisions in the Computer Science Development Law require prior permission
from the Ministry of Communications, Posts and Telegraphs for importing, keeping, or
using computers and related equipment, and for setting up computer networks.26 While
actual enforcement may vary, these provisions on their face severely restrict access to
basic consumer electronics like personal computers and data-enabled phones necessary
for individuals to communicate or access information on the Internet, and impose
disproportionately harsh penalties. Such a prior licensing requirement could discourage
21
See Human Rights Watch, Burma’s Forgotten Prisoners, pp. 9-10, 29. After Cyclone Nargis struck Burma in May 2008, the
Burmese government obstructed initial efforts by humanitarian agencies to send in relief and gain access to affected
communities.
22
“AAPP-B Condemns the Sentencing of Former Political Prisoner Under Article 401(1),” Assistance Association for Political
Prisoners (Burma) press release, May 8, 2013, http://www.burmapartnership.org/2013/05/aappb-condemns-thesentencing-of-former-political-prisoner-under-article-401-1/ (accessed May 9, 2013).
23
See “Burma: Free Political Prisoners to Show Commitment to Reform,” Human Rights Watch news release.
24
Nay Myo Zin was arrested again in January 2013, but was set to be released on May 7, 2013. “AAPP-B Condemns the
Sentencing of Former Political Prisoner Under Article 401(1),” Assistance Association for Political Prisoners (Burma) press
release, May 8, 2013, http://www.burmapartnership.org/2013/05/aappb-condemns-the-sentencing-of-former-politicalprisoner-under-article-401-1/ (accessed May 9, 2013).
25
Unpublished information received by Human Rights Watch from Assistance Association for Political Prisoners (Burma).
26
Computer Science Development Law, chapter IX. Burma’s Parliament changed the name of the Ministry of Communications,
Posts and Telegraphs to the Ministry of Communications and Information Technology in November 2012.
11
HUMAN RIGHTS WATCH | MAY 2013