Myanmar: Digital Content Proposals security and prevalence of law without affecting the fundamental rights of the citizens. 77. The Ministry may, when an emergency situation arises to operate for public interest, direct the licensee to suspend a Telecommunications Service, to intercept, not to operate any specific form of communication, to obtain necessary information and communications, and to temporarily control the Telecommunications Service and Telecommunications Equipments. Our Proposals 66. Whoever commits any of the following acts shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine or to both. … (c) [Repealed in favour of section new 66A] (d) [Repealed in favour of section new 66A] 66A. The use of a telecommunications network to steal, cheat, misappropriate, cause mischief to money or property, extort, coerce, wrongfully restrain, defame or threaten a person shall be deemed to be included as a means of committing these crimes within the meaning of the relevant provisions in the Penal Code. Note: Sections 66(c) and (d), creating various crimes, have been repealed and replaced with a new section 66A, which makes it clear that carrying out these actions using a telecommunications network is covered by the relevant provisions in the Penal Code. 68. Whoever commits any of the following acts shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine or to both. (a) [Repealed] … Note: Section 68(a) has been repealed. The Penal Code already provides for a number of specific offences relating to dishonestly disseminating incorrect information, such as fraud and blackmail, and it is not legitimate to impose a blanket ban on this sort of information. 69. Whoever by any means discloses any information which is kept under a secured or encrypted system to any third person with the intention of and in a way that actually poses a serious risk of causing harm to the legitimate interests of another third party, including privacy, in the absence of any express or implied authorisation, or unless for matters concerning prosecution regarding Telecommunications as authorised by a court order, shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine or to both. Note: The defences of having authorisation and the need to cause harm to the legitimate interests of a third party have been added, and an intent requirement has been added. 73. Whoever attempts or conspires to commit any of the offences set out in this Law in a way that amounts to an offence or abets the commission of an offence shall be liable to the punishment provided for in this Law for such offence, provided that the mere provision of telecommunications services shall not be deemed to constitute an attempt, conspiracy or abetting, unless it is done with that specific intention. -9-

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