Myanmar: Digital Content Regulation that the due process rights of users are respected. The provision contains no procedural or notice requirements, no indication of how long a suspension, interception or State takeover of services might last, and no other indication of how a measure under this provision might be rolled out. In addition, such measures should be imposed in a transparent manner, subject to requirements of secrecy based on national security, and this is again not provided for. As a result, in its current form this provision fails to meet the requirements of necessity and proportionality. Recommendations: Ø Section 66(c) should be repealed in its entirety as it simply duplicates pre-existing offences. If necessary, the Penal Code could be amended to take into account changes wrought by digital telecommunications systems. Ø Similarly, Section 66(d) should be repealed because parts of it are just unnecessary, while other parts are repetitive of Penal Code offences. At a minimum, the offences of defaming, disturbing, causing undue influence or threatening should be removed. Ø Section 68(a) should again be repealed. If there is a specific context where the dissemination of incorrect information needs to be prevented, this could be incorporated into a new provision (preferably in the Penal Code). Ø Section 69 should be limited in scope to information which is genuinely secret in nature. Ø Section 73 should be amended to prevent its application to service providers (absent explicit and intentional involvement by them in criminal behaviour). Ø Section 75 should be substantially revised to limit its application to cases where there is a real and serious threat to national security which can only be addressed through surveillance. Ø The terms “emergency” and “public interest” in section 77 should be defined narrowly and clear procedural and transparency rules should be added into this provision. 6. The News Media Law Section 9 of the 2014 News Media Law28 is the only section in Chapter IV, which is titled “Responsibilities and Codes of Conduct to be Complied by News Media Workers”. It contains a number of substantive provisions that limit the content of what may be disseminated by news media outlets. Although it does not refer explicitly to digital content, the definition of ‘media’ includes ‘Internet Media’ and most mainstream media in Myanmar do have online versions. At the same time, the scope of this Law is limited to news media (so that, for example, it does not 28 14 March 2014. Available at: http://www.burmalibrary.org/docs17/2014-Media_Law-en.pdf. - 16 -