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 Note: Section 34(d), creating a separate sort of defamation offence, has been repealed and replaced with a new section 34A, which makes it clear that disseminating content using electronic transactions technology is also covered by the defamation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 -8-

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