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

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