Myanmar: Digital Content Regulation
symbols, are not regarded as legitimate.31 Reflecting this, the 2011 General
Comment by the UN Human Rights Committee states:
Prohibitions of displays of lack of respect for a religion or other belief system,
including blasphemy laws, are incompatible with the Covenant, except in the
specific circumstances envisaged in article 20, paragraph 2, of the Covenant.32
The rules in the Penal Code on Offences Relating to Religion, including the two
provisions cited above, fail to conform to these standards. They protect feelings
as opposed to protecting individuals against discrimination, violence or hatred.
In addition, they protect religious beliefs, as such, as opposed to the people who
hold those beliefs.
Recommendation:
Ø Chapter XV of the Penal Code should be revised to bring it into line with
the standards noted above, in particular so that it only limits speech to
protect religious believers against discrimination, violence and hatred. In
particular, sections 295A and 298 should be repealed.
8. Conclusion
Developing a legislative framework to regulate online speech is a tricky and
delicate endeavour that is only rendered more challenging by the complexity,
technical sophistication and rapidly evolving nature of digital technologies.
These challenges mean that legislative drafting and reform efforts need to be
sure to engage with civil society and to make sure that the concerns of all
stakeholders are taken into account in order to avoid clumsy or technically
ineffective rules, as well as laws which prohibit innocuous or benign digital
behaviours alongside harmful ones.
Engagement with legal and technical experts who possess the expertise and skill
sets that lawmakers often lack, or who may offer insights and perspectives that
are otherwise absent, is therefore of paramount importance. A range of civil
society players in Myanmar, including the legal organisation, Myanmar Media
Lawyers’ Network (MMLN), can play a key role in this regard by helping to
ensure that laws limiting digital content respect international and constitutional
guarantees of freedom of expression.
This report highlights some of the more problematical provisions in various
Myanmar laws, including the Electronic Transactions Law, Official Secrets Act,
Telecommunications Law, News Media Law and Penal Code. It is now up to
policy makers and the Myanmar authorities to ensure that these laws are
Centre For Law and Democracy and International Media Support, Briefing Note Series: Freedom
of Expression (2014), p. 36. Available at: http://www.law-democracy.org/live/wpcontent/uploads/2012/08/Briefing-notes.full-version.Eng_.pdf.
32 General Comment No. 34, 12 September 2011, CCPR/C/GC/34, para. 48.
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