BSR | Human Rights Impact Assessment: Facebook in Myanmar Constitution of the Republic of the Union of Myanmar (2008)34 The Telecommunications Law (October 2013)35 Media Law (2014)36 Four Protection of Race and Religion Bills 34 15 » The constitution of Myanmar was reformed in 2008 to provide improved protections for human rights, such as freedom of expression and the right to privacy. » Article 354 provides for freedom of expression, assembly, association, religion, and culture, so long as the exercise of these rights is “not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality.” » The constitution guarantees the military 25 percent of all seats in parliament and veto power over any changes to the constitution. » The broad goal of the law is to support the telecommunications industry in Myanmar by protecting providers, users, licensed equipment, and enabling transparent competition. » Article 66(d) allows up to three years’ imprisonment and/or a fine for “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network.” » Article 68 allows up to one year’s imprisonment and/or a fine for the following: o “Communications, reception, transmission, distribution or conveyance of incorrect information with dishonesty or participation.” o “Prohibiting, obstructing or interfering (sic) the transmission, reception, communication, conveyance or distribution of information without permission.” » Article 75 allows for the Union Government to request access to information and telecommunications which “causes harm to national security and prevalence of law without affecting the fundamental rights of citizens.” » Articles 76 and 77 allow for certain government ministries to enter, inspect, and supervise the operations of any telecommunications services, as well as, during an emergency, direct telecommunications providers to suspend operations, to intercept or not operate specific forms of communication, and temporarily control the service and equipment. » The law is designed to guarantee media freedom and prohibit censorship, as well as provide recognition for specific rights of “media workers.” » Article 9 outlines a “code of conduct” for journalists and other news media workers, including provisions on accuracy, use of multimedia including photos and videos, and intellectual property, as well as: o Writing style “which deliberately affects the reputation of a specific person or an organization or generates negative impact of the human right.” o And “ways of writing which may inflame conflicts regarding nationality, religion and race.” » These laws are aimed at protecting race and religion in Myanmar. While not all are directly relevant to Facebook’s operations, they do have direct legal implications for individuals who use Facebook. » Buddhist Women’s Special Marriage Bill (2015)37: The explicit aim of this law is to guarantee equal rights of Myanmar Buddhist women and non-Buddhist men with respect to marriage, divorce, partition, and guardianship of children. Article 24(g) states that “A non-Buddhist man [who is married to a Buddhist woman] shall not insult, in words or in writing or through visible representation or gesture, with bad intention to cause bitter feeling to the Buddhist.” Government of the Republic of the Union of Myanmar, 2008. Government of the Republic of the Union of Myanmar, 2013. 36 Unofficial translation provided by Free Expression Myanmar, 2017(b). 37 Unoffical translation provided by Burma Library, 2015(a). 35