Myanmar: Digital Content Proposals1
January 2018
1. Introduction
The Centre for Law and Democracy (CLD), working with its local partner, the
Myanmar Media Lawyers’ Network (MMLN), and other local organisations, has
hosted a number of discussions and workshops on legal provisions in Myanmar
which unduly limit freedom of expression in the digital space. Reform efforts led,
in August 2017, to some procedural reforms relating to one of the most
problematical and widely used provisions – section 66(d) of the 2013
Telecommunications Law – but no substantive changes to this or other
provisions have so far been made.
Part of the problem may have been that the campaign only focused on one of the
problematical provisions, while part may have been that parliament felt
uncomfortable simply repealing a provision without adopting any alternative or
replacement.
To address these concerns, this note sets out our initial thinking on how to
amend key provisions to bring them more closely into line with international
standards for three laws, namely the Official Secrets Act, 1923, the 2004
Electronic Transactions Law, and the 2013 Telecommunications Law. For each
law, the note provides the existing provisions and then sets out our proposals for
reform, along with a short explanation.
We intend to conduct discussions among key stakeholders in Myanmar with a
view to improving these proposals and making sure they are responsive to local
needs. We then aim to work with local stakeholders to try to get the proposals
adopted into law.
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