iMAP Myanmar 2023 Internet Censorship Report | Page 17
repressive provisions of previous drafts (2021), seriously threatening the safety and security
of Myanmar’s digital space.43 This amendment further threatens privacy, information access,
and freedom of expression. The legal adviser for Asia at Human Rights Watch, Linda
Lakhdhir, told Human Rights Watch that the proposed cybersecurity law would consolidate
the junta’s ability to conduct pervasive censorship and surveillance and hamper the
operation of businesses in Myanmar,44 as this law does not only apply to social media and
other content-sharing platforms, but it also applies to digital marketplaces, search engines,
financial services, data processing services, and communications services providing
messaging or video calls and games.
Other Associations
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Revenge pornography can be charged under the Section 66(d) of the 2013
Telecommunications Law and Electronic Transactions Law, which bans revenge
porn. Following the coup, SAC used revenge porn as a political weapon to discredit
and shame young female activists opposing the coup.45
Same-sex sexual activity is prohibited under the Penal Code 1861. This law has
been in place since the colonial period. After two years of military coup, several
LGBT people have been arrested and detained.46
Referring to the military using the terms “junta”, “regime”, and “coup” is prohibited. It
can be charged under a new Cybersecurity Law as “misinformation and
disinformation that causes public panic”.
The use of Virtual Private Networks (VPN) is illegal under the new draft of the
Cybersecurity Law.
Free Expression Myanmar. (2022, January 22). Military’s cyber security bill worse than their previous draft.
https://freeexpressionmyanmar.org/militarys-cyber-security-bill-worse-than-their-previous-draft/
44
Human Rights Watch. (2022, February 15). Myanmar: Scrap Draconian Cybersecurity Bill.
https://www.hrw.org/news/2022/02/15/myanmar-scrap-draconian-cybersecurity-bill
45
Thiha, A. (2021, August 9). Revenge Porn Has Become a Political Weapon in Myanmar. The Diplomat.
https://thediplomat.com/2021/08/revenge-porn-has-become-a-political-weapon-in-myanmar/
46
Human Dignity Trust. (n.d.). Types of criminalisation. https://www.humandignitytrust.org/country-profile/myanmar/