Myanmar: Digital Content Proposals
or publishes” found in section 499 of the Penal Code.
Note: Section 34(d), creating a separate sort of defamation offence, has been
repealed and replaced with a new section 34A, which makes it clear that
disseminating content using electronic transactions technology is also covered
by the defamation provisions in the Penal Code.
38. 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 electronic services shall not be deemed to constitute an attempt,
conspiracy or abetting, unless it is done with that specific intention.
Note: A defence has been added here for service providers who merely provide
electronic services, unless they act with the specific intent of attempting,
conspiring to commit or abetting a crime.
38A. Where the offences in sections 33(a) and (b) and 34(a), (b) and (c) involve
expressive activity they shall not apply where it is established that the person involved
acted in the public interest.
Note: This sort of public interest defence for expression crimes is necessary to
balance the protection of national security and other interests with the right to
freedom of expression.
4. The Telecommunications Law
Existing Provisions
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) Stealing, cheating, misappropriating or mischief of any money and property by
using any Telecommunications Network.
(d) Extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue
influence or threatening to any person by using any Telecommunications Network.
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) communications, reception, transmission, distribution or conveyance of incorrect
information with dishonesty or participation;
69. Whoever, unless for the matters concerning prosecution regarding Telecommunications,
and unless authorized under court order to disclose, discloses any information which is kept
under a secured or encrypted system to any irrelevant person by any means shall, on
conviction, be liable to imprisonment for a term not exceeding one year or to a fine or to both.
73. Whoever attempts to commit any offence under this Law, or conspire or abets the
commission of an offence shall be liable to the punishment provided in this Law for such
offence.
75. The Union Government may, as may be necessary, direct to the relevant organization for
enabling to obtain any information and telecommunications which causes harm to national
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