BSR | Human Rights Impact Assessment: Facebook in Myanmar
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Religious Conversion Law (2014)38: This law is designed to support Article 34 of
the constitution, that “every citizen shall have equal rights to freedom of religious
belief and freedom of worship.” Provisions include regulations on the process
governing religious conversion.
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The Monogamy Bill (2014)39: This law is designed to outlaw polygamy and
extramarital affairs. Article 9 and Article 10 specifically prohibit “[entering into]
another marriage with another person or conducting an illegal extramarital affair.”
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Population Control Healthcare Bill (2015)40: This law is aimed at improving living
standards and reducing poverty by ensuring sufficient quality healthcare and
developing maternal and child health.
Law Protecting the
Privacy and Security
of Citizens (March
2017)41
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The law is broadly aimed at protecting freedom of movement, freedom of
residence, and freedom of speech, as well as security or residence, possessions,
correspondence, and other communications.
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Article 8(f) stipulates that “no one shall unlawfully interfere with a citizen’s personal
or family matters or act in any way to slander or harm their reputation.”
Amendment of the
Narcotic Drugs and
Psychotropic
Substances Law
(March 2018)
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This was enacted in March 2018 as one of the last legislative acts of outgoing
President Htin Kyaw.
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Broad, sweeping provision grants Ministry of Home Affairs power to request user
data from telecommunications providers under the auspices of drug investigations.
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This amendment was drafted without any input from the Post and
Telecommunications Department, the telecommunications regulator, and
represents an effort by the Ministry of Home Affairs at utilizing communications in
more assertive ways to enforce rule of law.
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Article 14(a) states that “irrespective of any existing law, the responsible person of
any telecommunications service provider shall, upon receipt of the order from the
Central Board concerning records containing information related to the crime, allow
inspection and copying of records related to the crime.”
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The draft Myanmar Communications Regulatory Commission law was released for
public consultation in May 2017, as required by the Telecommunications Law.
However, the law has not been submitted to Parliament for passage.
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It is unclear why this law has not progressed farther since May of last year.
However, Director General for Post and Telecoms Department U Soe Thane
indicated in late June 2017 that the government is concerned about whether there
are sufficient candidates that can meet the board commissioner requirements as
outlined in the draft law.
Independent
Telecommunications
Regulatory
Commission (Draft)
In addition to the above laws and provisions relevant to digital communications, Myanmar’s regulatory
environment has several key characteristics with implications for internet and telecommunications
companies, as well as for the wider realization of human rights in the country.
» Myanmar’s legal framework does not reflect universal principles of rule of law defined by the
World Justice Project.
The government and its officials and agents, as well as individuals and private entities, are not
necessarily accountable under the law. Recently, two Reuters journalists were detained, charged, and
convicted under the 1923 Official Secrets Act for their investigation of security forces’ activity in
38
Unofficial translation provided by the Chin Human Rights Organization, 2014.
Unofficial translation provided by Burma Library, 2015(b).
40
Unofficial translation provided by the Asian Legal Information Institute, 2015.
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Unofficial translation provided by Myanmar Centre for Responsible Business, 2017.
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