Myanmar: Digital Content Proposals legitimately been classified as secret and be held by the person as a result of his or her position. (a) wilfully communicates the code or password, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it, or a Court of Justice or a person to whom it is, in the interests of the State, his duty to communicate it; or Note: No change has been made to this provision. (b) wilfully uses the information in his possession in any manner which is prejudicial to national security; or Note: The ideas of using information “for the benefit of any foreign power” and against “the safety of the State” have been replaced by the idea of prejudice to national security. A requirement of wilfulness has been added to reflect the need for a mental element for every crime. (c) wilfully retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or Note: The defence of wilfulness has been expanded to all of this sub-section, on the basis that all crimes should involve a mental element. (d) fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or pass word or information; Note: No change has been made to this provision. he shall be guilty of an offence under this section. (2) [Repealed] Note: This is simply not reasonable. It is no fault of a person if they receive secret information. Furthermore, where information is provided in the public interest, the person should receive it. (3) [Repealed] Note: This is already covered by sub-section 5(1)(a). (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. Note: No change has been made to this provision. 5A. Where the offences in sections 3 and 5 involve expressive activity they shall not apply where it is established that the person involved acted in the public interest. -5-