ANALYSIS OF THE PROVISIONS OF THE DRAFT CYBER SECURITY LAW e) Written statements, speeches or descriptions that infringe any existing laws formal proceeding/finding) has the power to notify Online Service Providers to prevent, remove, delete and suspend content. C. The content includes (among others), speech, text, picture, video, voice file, symbol or any other depiction that can cause hatred, disunity and affecting stability. Thus, wide powers vest with Department to deem any content as depiction which can cause hatred, disunity and affecting stability without a systemic fact finding proceeding. D. Further fake news and rumours have not been defined and thus can deemed to be vague and unsubstantiated content where any form of dissatisfaction towards a government policy/rule/action can be deemed as fake news and rumour, thus once again giving the Department arbitrary powers. E. In terms of sexual images, voice file, video, text, symbol and any other depiction that are inappropriate for Myanmar culture and Myanmar society, there is no specific definition of Myanmar culture and/or society and practically speaking such terms are very subjective. There are many instances where sexual images or voice files (such as an emoji for instance) do not in effect tantamount to any offense/inappropriate, however, there is a wide discretion on the Department for interpretation. F. Further written statements, speeches or descriptions that infringe any existing laws can be considered to be any comments/analysis (regardless of its correctness or accuracy) of a draft law or an enacted law. The Department has the authority to request service providers to take down such content. Conclusion: The entire Section 29 seems to be giving arbitrary/excess powers to the Department to require the Internet Service Providers to prevent, remove, delete and suspend content which in turn may be interpreted to restrict the fundamental freedoms provided under the Constitution. 6 12 February 2021

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