Myanmar: Digital Content Regulation authority of the judiciary. Ø Section 9(f) should be amended to make it explicit that news media have the right to engage in fair use of content which is subject to intellectual property rights. Ø Section 9(g) should either be repealed or amended to provide for appropriate limitations and defences to defamation. Ø Section 9(h) should either be repealed or amended to reflect more closely the language of Article 20(2) of the ICCPR. 7. The Penal Code The Penal Code contains a large number of restrictions on speech, including digital speech, that are problematical from a freedom of expression point of view. It is beyond the scope of this report to engage in an exhaustive analysis of these provisions. For current purposes, we analyse only the restrictions that relate to religion, broadly described as ‘blasphemy’ rules, given the importance of these rules in Myanmar at present. These rules are found in Chapter XV of the Penal Code, titled “Of Offences Relating to Religion”. Two of the key provisions are as follows: 295A. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [persons dent in the Union] by words, either spoken or written, or by visible representations, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 298. Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished~ with imprisonment of either description for a term which may be extend to one year, or with fine or with both. The right to practise one’s religion is a human right protected by Article 18 of the ICCPR. However, mere criticism of a religion, even where that is done in a way that offends or wounds the feelings of the adherents of that religion, does not, of itself, prevent anyone from practising their religion. A delicate balancing regarding speech which relates to religious matters is necessary to ensure respect for both the right to freedom of expression and the right to religion. Under international law, only speech which meets the conditions of Article 20(2) of the ICCPR, prohibiting hate speech, may be prohibited to protect religions. This focuses on protecting individual adherents to a religion, rather than the religion per se, as a belief structure or set of ideas. As a result, blasphemy laws which go beyond prohibiting incitement to discrimination, hostility or violence against adherents to a particular religion and which limit speech which merely denigrates or insults that religion’s beliefs or - 19 -