ANALYSIS OF THE PROVISIONS OF THE DRAFT CYBER SECURITY LAW as per Section 28 (c). Also, a license would need to be obtained under Cyber Resources refers to “the computer, computer system, Section 34. computer program or program, network, communication tools, facts, and data. C. Importantly, under Section 28 (a), the device that stores the information of service users will need to be kept at the place designated by the Ministry. Section 28: The effect of this is two-pronged- all such critical information (deemed to The Online Service Provider within Myanmar shall carry out the be) shall be kept inside Myanmar and such data may likely have following: unrestricted access by the governmental authorities. (a) The device, that stores the information of service users, shall be kept at the place designated by the Ministry; (b) The online service shall be registered in accordance with the Myanmar Companies Law; and (c) Taxes must be paid in accordance with the provisions of the relevant laws if it is mandatory to do so in respect of any business conducted through the online service provider or similar profitable business. Chapter IX Section 29 Section 34: Any person wising to render Online Services within the Union of Myanmar shall register with the Department in accordance with the stipulations. Section 29: When the Department informs that Online Service Provider causes any of the following events in the Cyberspace within the Union of Myanmar, they shall be prevented, removed, destroyed and terminated in line with the stipulations: a) Speech, texts, images, videos, audio, files, signs or other means of expressions that lead to hatred, and destroy unity and peace; b) Fake news and rumors; c) Sexually oriented pictures, audio files, videos, phrases, signs or any other illustrations that are not in line with the community’s culture; d) Child pornography, pictures, phrases, signs or any other illustrations; and 12 February 2021 Conclusion The ambit and definition of Online Service Providers is very wide and if the law, in its present form, is enforced, it would need a separate licensing/registration procedure under the Draft Cyber Security Law. A. The analysis of the provision from a legal perspective is as follows: This provision may be considered to be restrictive of fundamental freedoms guaranteed under the Constitution. Article 354 (a) of the Constitution states that “every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality: to express and publish freely their convictions and opinions…” B. The Constitution guarantees every citizen fundamental freedom of expression to publish freely their convictions and opinions. The said provision of the Draft Cyber Security Law may be considered to be restrictive and gives the Department unrestrictive powers to curb the freedom of expression. The Department (at its discretion without any 5