ASEAN Regional Coalition to #StopDigitalDictatorship
years. Section 505(b) prohibits statements made
“with intent to cause, or which is likely to cause
fear or alarm to the public.”12 These constitute yet
another example of a loosely formulated prescription
which prevents individuals from predicting the kind
Crackdown on Media: Licensing
Requirements, Stifled Press Freedom,
and Unlawful Amendments to ETL and
Broadcasting Law
of expression which would be considered criminal.
The 2014 Printing and Publishing Law establishes a
These provisions are a tool for the military junta
licensing regime for news agencies and websites that
to suppress any form of public online dissent or
are required to register prior to producing content,
debate as well as any attempt to hold its officials
including for publishing online. Vague and overly
accountable for their activities. It has notably been
broad administrative and criminal sanctions can be
used to a great extent against those partaking in
imposed against those running a website without a
the pro-democracy movement.
licence. The 2014 News Media Law sets out a code
“
The amendments to the
Penal Code imposed
by the military junta
unreasonably infringe
upon fundamental
rights protected by
international law,
including freedom of
expression. By stripping
the people of Myanmar of
their rights, the military
once again displays
its lack of respect for
international human
rights
13
- Human Rights Watch
Myanmar
of conduct and punishments applicable to media
workers which are formulated with insufficient precision
which can be misused to control media and arbitrarily
criminalise those who report on critical news.14 A
year later, the Broadcasting Act was enacted. This
legislation applies the same licensing framework
mentioned earlier, but specifically to the broadcast
media rather than the print media.15
Several other laws that criminalise free expression
contravene lawful restrictions provided under
international law. Section 68(a) of 2013
Telecommunications Law states that “communication,
reception, sending, distribution, or sharing of incorrect
information with dishonest intention” is subject to a
maximum of one-year imprisonment or a fine or both.
The broad criminalisation of maliciously communicating
false information without precise definitions makes
the provision vulnerable to arbitrary enforcement.16
Section 3 of the 1923 Official Secrets Act imposes
a maximum term of 14 years for a wide range of
activities including obtaining, collecting, recording,
publishing of secret official code or password, or any
sketch, plan, model, article or note or other document
or information which can be “directly or indirectly,
useful to an enemy”. Similarly, Section 5 states that
anybody who has, controls, communicates, uses,
retains, or receives information classified as “secret”
under the law, can be punished with a prison term
of two years.17 The overbroad language alongside
the lack of definition for terms employed therein
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