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