It is reported that a cybersecurity or cybercrime bill is being drafted by the Ministry of
Home Affairs, but the process has been opaque
until now and there are concerns among civil
society groups about potential violations of online freedom of expression, and worries about
broader digital rights issues in the country. Moreover, since 2013, the Ministry of Social Welfare,
with technical support from the Gender Equality
Network, has been working on a bill to prevent
violence against women.23
It must be noted that the government rarely
conducts inclusive and meaningful public consultation sessions during the drafting process. This is
particularly challenging since civil society is given a
small role to play in the law-making process, which
could lead to potential restrictions on freedom of
expression and to problems with broader human
rights issues in the country.
Summary and conclusions
Myanmar is a unique country in terms of internet
usage and penetration. With the country being
closed for many years, users had faced obstacles
in access to the internet in terms of prices and infrastructure. But after 2012, when the government
liberalised the telecoms market, these factors became less of an obstacle, and internet penetration
has skyrocketed. Although usage has grown, the
legal framework that enables the protection of civil
rights and supports the use of the internet for civic
engagement has proven to be lacking.
While freedom of expression is a constitutional
right, it is still limited by vague and unspecific rationalisations such as union security, community peace
and tranquillity, etc. In addition, Myanmar still criminalises defamatory speech. Moreover, defamation is
contemplated not only in the Penal Code, but also in
various other laws including the ones that govern the
online space, such as the Electronic Transactions Law
and the Telecommunications Law. The punishments
are also inconsistent, with different penalties for
defamation in different laws. With vague and problematic laws, particularly the Telecommunications
Law, which leaves them open to the risk of misuse,
there have been nearly a hundred cases of people
being charged with criminal offences on account of
their online speech within the short period of one
year. This negative trend could continue since the
parliament did not tackle the root of the problem in
the Telecommunications Law during the amendment
period, but rather did window-dressing.
Although Myanmar has shown potential growth
in terms of access to the internet, the space still
remains restricted for exercising freedom of expression online. The government and lawmakers
should conduct a meaningful public consultation
process, inviting comments and participation from
diverse stakeholders, so that this problem may be
addressed.
23 Ei Cherry Aung. (2016, 6 September). Bill to
prevent violence against women “includes marital
rape”. Myanmar Now. www.myanmar-now.org/
news/i/?id=3f7caa52-e222-4f12-b55e-45dee00c56d1
102 / Unshackling Expression