ANALYSIS OF THE PROVISIONS OF THE DRAFT CYBER SECURITY LAW Chapter XV Offences and Penalties: A. Section 61 of the Draft Cyber Security Law provides for a 3 year imprisonment for general non-compliance for Online Service Providers Section 61: Online Service Providers who are convicted of failure to and the fine amount is MMK 100 lakhs. Sections comply with provisions prescribed in this law shall be punishable for 61, 64, 65, a term not exceeding 3 years or a fine not exceeding 100 lakhs or B. Section 64 makes it an offense for misinformation and disinformation 67, 70 and both. with the intent of causing public panic, loss of trust or social division on a 72 cyber space- this may be interpreted as any social media news or Section 64: Any person who is convicted of creating misinformation disaffection towards the government and arbitrary powers may be used and disinformation with the intent of causing public panic, loss of to charge under this provision. Suggest a complete deletion of the trust or social division on a cyber space shall be punishable for a provision. term not exceeding 3 years or a fine not exceeding 100 lakhs or both. C. Similar to Section 64, Section 65 concerning fake news, and fake website Section 65: Any person who is convicted for creating a fake account, and portal (without any formal definition) is open to interpretation and website and web portal with the intent of public panic, loss of trust may give the authorities excess/ arbitrary powers to imprison any person or social division on a cyber space shall be punishable for a term not based on this particular provision. exceeding 3 years or a fine not exceeding 100 lakhs or both. D. The Central Bank of Myanmar (CBM) in its letter dated 3 May 2019 Section 67: Any person who is convicted of buying and selling illegal clarified that digital currencies such as cryptocurrency are not considered currency such as digital currency, cryptocurrency on cyber space to be legal tender in Myanmar. The CBM to date has not issued any letter shall be punishable for a term not exceeding 3 years or a fine not or notification which criminalizes or penalizes the usage of digital exceeding 100 lakhs or both. currencies. The CBM has just pointed out that transactional risks may be associated with the usage of such digital currency. The CBM may be the Section 70: Anyone- with the intention of infringing state correct authority to penalize or criminalize the usage or transactions of sovereignty, security, stability, rule of law, unity among ethnic digital currency and not the Ministry under this law. groups- prevent others not to be able to use cyber resources, make the use of cyber resources difficult, attempt to penetrate the cyber E. Section 70 in its interpretation and application can be deemed to be network without permission, use more than allowed, put in the broad enough to include any act which may purportedly infringe state malware into computer with the intention of harming someone, sovereignty, rule of law, unity, and stability of the Union by the usage of shall be prosecuted under the Counter Terrorism Law. any cyber resource or network. The prosecution would take place under the Counter Terrorism Law where, based on the specific nature of the offense, the penalties may range from life imprisonment to death 10 12 February 2021