Myanmar: Digital Content Proposals
he shall be guilty of an offence under this section.
(2) If any person voluntarily receives any secret official code or password or any sketch, plan,
model, article, note, document or information knowing or having reasonable ground to
believe, at the time when he receives it, that the code, pass word, sketch, plan, model, article,
note, document or information is communicated in contravention of this Act, he shall be guilty
of an offence under this section.
(3) If any person having in his possession or control any sketch, plan, model, article, note,
document or information which related to munitions of war, communicates it, directly or
indirectly, to any foreign power or in any other manner prejudicial to the safety or interests of
the State, he shall be guilty of an offence under this section.
(4) A person guilty of an offence under this section shall be punishable with imprisonment for
a term which may extend to two years, or with fine, or with both.
Our Proposals
3.(1) If any person, intentionally and without legal authorisation, and for any purpose
which is prejudicial to the security of the State, Note: The requirements of intention and an absence of legal authorisation have
been added. The former is normal in criminal matters and the latter protects
those who act under legal authority. The scope of this has also been narrowed
down to proper State security issues (which have also been defined – see subsection 3(3) below).
(a) inspects or enters any prohibited place; or
Note: The references to “approaches”, “passes over” and “in the vicinity of” have
been removed as being unrealistic and overbroad. “Inspection” will cover all
activities which are actually harmful.
(b) [Repealed]
Note: There is no need for a separate sub-section here. This has been added to
(c) below.
(c) makes, obtains, collects, records or publishes or communicates to any
other person any secret official code or password, or any sketch, plan, model,
article or note or other document or information which is intended to be and
is in fact likely to cause harm to national security;
Note: The requirement of intention has been added. The references to
“calculated to be”, “might be” and “directly or indirectly” have been removed
and replaced with a requirement of likelihood. The idea of being useful to an
enemy has also been replaced by the broader notion of national security. This
will provide adequate protection to national security while also respecting
freedom of expression.
he shall be punishable with imprisonment for a term which may extend, where the
offence is committed in relation to any work of defence, arsenal, naval, military or air
force establishment or station, mine, minefield, factory, dockyard, camp, ship or
aircraft or otherwise in relation to the naval, military or air force affairs of the State
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