FREEDOM ON THE NET 2016 MYANMAR vided the foundation for improving access.44 However, the law includes broadly-worded clauses that subject internet activity to criminal punishment. Clause 66(d) prohibits “extortion…coercion, unlawful restriction, defamation, interfering, undue influence, or intimidation using a telecommunication network,” with penalties up to three years of imprisonment. Clause 68 punishes “communication, reception, sending, distribution or sharing of incorrect information with dishonest intention” with imprisonment for up to a year, an unspecified fine, or both. The law was repeatedly implemented to punish speech during the coverage period of this report, though no by-laws have been enacted detailing procedures for its enforcement.45 The government also failed to repeal the notorious 2004 Electronic Transaction Law (ETL) in 2013, which has routinely been used to criminalize internet activism. Instead, parliament amended the ETL, reducing but not eliminating possible jail sentences for ill-defined online actions. Under the newly-amended law, “any act detrimental to” state security, law and order, community peace and tranquility, national solidarity, the national economy, or national culture—including “receiving or sending” related information—is punishable by three to seven years imprisonment, down from seven to fifteen years. In 2014, Thaung Tin, an MCIT deputy, acknowledged the need to fix repressive laws like the ETL and the Computer Science and Development Law, which criminalizes unauthorized use of a computer with a “fax-modem card.”46 In 2014 the MCIT announced plans to revise the ETL and clarify confusing language, but no developments had been reported in mid-2016.47 During the coverage period, officials also said a draft law to punish cybercrime was being drawn up, but none had been submitted to the new parliament by mid-year.48 Prosecutions and Detentions for Online Activities Prior to the leadership change, at least six internet users were charged and four subsequently sentenced under the 2013 Telecommunications Law for sharing social and political content on Facebook, marking the highest number of prosecutions for online speech since the political opening.49 One of those charges was brought by NLD supporters in response to images of Aung San Suu Kyi doctored to make her appear naked. • In September 2015, Zaw Myo Nyunt was arrested for sharing an illustration showing feet stamping on Myanmar’s army chief on Facebook. In January 2016 he was given a one-year prison sentence with labor under the telecommunication law. Patrick Kum Jaa Lee, an NGO worker, was also arrested for allegedly sharing Zaw Myo Nyunt’s post. He served a six- 44 Shibani Mahtani, “Myanmar’s Telecom Revolution Bogs Down,” The Wall Street Journal, October 25, 2013. http://on.wsj. com/1w4lTPD. Lun Min Mang, “Kachin activist convicted in Facebook defamation case,” Myanmar Times, January 25, 2016, http://www. mmtimes.com/index.php/national-news/18631-kachin-activist-convicted-in-facebook-defamation-case.html . 45 46 The State Law and order Restoration Council passage of The Computer Science Development Law, No. 10/96, September 20, 1996, http://bit.ly/1CXw1zk. “A newly designed Electronic Contact Cooperation Law may be released soon,” 7Day Daily, December 14, 2014. http://7daydaily.com/story/26977. 47 “Task force set up to tackle cyber crime,” Eleven Myanmar, May 30, 2015, http://elevenmyanmar.com/local/task-force-settackle-cyber-crime . 48 49 Dozens of political prisoners formerly jailed for electronic activities remained free after they were released en masse in January 2012. www.freedomonthenet.org