clarify the country’s transition from analog to digital
broadcasting, which created an arbitrary process that
could be misused by the government to control
broadcasters and online media.231 Also in 2018, the
Myanmar Press Council, a once quasi-independent
body that settled disputes involving the media,
submitted to the government a proposed amendment
of the 2014 News Media Law, which regulates digital
media. Whether this proposal would have positively or
negatively affected media freedom is unclear.232 The
draft of a right to information law first proposed in
2017 was preempted by new information-related laws
and drafts. In December 2019, the National Records
and Archives Law was adopted, limiting access to
information and retaining secretive standards for
government documents, including electronic
documents, while further criminalizing the sharing of
such material.233
C2: အွန်လိ&ငး် လ1ပ်ေဆာင်မ1များကိ& ရာဇ၀တ်မ1 သိမဟ&
& ့ တ် ဒါဏ်ေငွချမ.တမ
် 1 သတ်မ.တထ
် ားေသာ ဥပေဒများF.ိ ပါသလား။ (၀-၄ မ.တ)်
၀ မ.တ်
C2: Are there laws that assign criminal penalties or civil liability for online activities? (0–4 points)
0
Since the coup, the military has increased the number
and harshness of laws criminalizing online activity.
The Telecommunications Law was drafted by a
military-backed civilian government in 2013 with the
support of the World Bank,234 and it remains the
primary framework for licensing telecommunications
providers, including mobile service providers and ISPs.
Although the law was welcomed by many stakeholders
at the time as a sign of much-needed change,235 the
then government, led by the USDP, added a number of
troubling provisions, including Article 66(d)—a
vaguely worded measure that criminalizes a range of
acts online, such as defamation—and Article 68, which
criminalizes “communication, reception, sending,
distribution, or sharing of incorrect information with
dishonest intention.”236
The law was amended in 2017 but with no discernible
impact, according to civil society activists.237 Civil
society organizations launched a campaign for revision
of this and other laws in the run-up to the 2020 general
elections.238 In December 2020, a civil society coalition
launched a new push to amend Article 66(d) and the
country’s five other criminal defamation provisions,
putting forward four reform options.239
The penal code can also be used to imprison internet
users. Section 505(a) criminalizes speech “with intent
to cause, or which is likely to cause, any officer, soldier,
sailor or airman, in the Army, Navy or Air Force to
mutiny or otherwise disregard or fail in his duty as
such.”240 Section 505(b) outlaws speech “likely to cause
fear or alarm in the public.”241 On February 14, 2021,
the military unilaterally amended the penal code to
broaden the scope of the crimes of high treason and
sedition.242 The amendments included vaguely worded
provisions against knowingly spreading “false news,”
causing “fear,” and the “disruption” of military or
government officials. The section covering “false news”
has been used to charge hundreds of journalists,
human rights defenders, and digital activists (see
C3).243
The Law Protecting the Privacy and Security of
Citizens, which was enacted in 2017 and widely
condemned by civil society for being debated and
passed without proper consultation, provides for
prison terms of up to three years for defamation.244 The
defamation provisions were amended in 2020 but are
still used to prosecute individuals for online activity
(see C3).245 On February 10, 2021, the military
suspended parts of the law, including its limited
protections against surveillance and the interception of
private messages.246
The military circulated a draft cybercrimes law to
telecommunications providers on February 11, 2021
(see A3, C5, and C6). The draft was widely condemned,
and more than 250 civil society organizations warned
that it would give the military absolute control over the
internet in Myanmar and extend military jurisdiction
to foreign companies such as Facebook.247 Much of the
draft law circulated by the military was reportedly
carried over from a draft created by the previous
government but not shared widely.248 In 2019, the
government had commissioned consultants to assist in
Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတ်လပ်မ/ - ြမန်မာ2ိ4င်ငံ - Page 19