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 (b) [Repealed] Note: There is no need for a separate sub-section here.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 The idea of being useful to an enemy has also been replaced by the broader notion of national security.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 -3-

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