This is not a narrowly framed anti-fraud provision. By relying on an undefined and inherently
manipulable concept of “false” information, Article 31 creates broad scope for arbitrary enforcement
against protected expression.
Website and social media blocking powers
Building on this vague speech restriction, Articles 14(d) and 14(e) empower the authorities to
monitor, close, and block websites and social media accounts based on mere “suspicion” of criminal
activity. Article 37 further requires ISPs to proactively block or remove access to any website the
regime deems “fraudulent”. Together, these provisions create an open-ended censorship framework
capable of further targeting independent media, mutual aid platforms, and other forms of digital
dissent.
Rather than requiring clear legal thresholds or independent review, the Bill grants sweeping discretion
to suppress online content before any wrongdoing has been established. This sharply departs from the
principle that restrictions on expression must be exceptional, necessary, and subject to adequate
safeguards.
Extraterritorial jurisdiction
The Bill also extends the military’s repressive framework beyond Myanmar’s territory by explicitly
asserting jurisdiction over Myanmar citizens, including diaspora activists, and permanent residents
living abroad. This extraterritorial reach enables the military to criminalise, monitor, and prosecute
online dissent conducted overseas, including cross-border humanitarian coordination and
international advocacy undertaken in response to the crisis in Myanmar.
By projecting vague cybercrime provisions across borders, the Bill seeks to chill protected expression
and association not only inside the country but also among communities abroad who document
abuses, support resistance networks, or mobilise international attention.
International legal assessment
International human rights law requires restrictions on expression to be clearly and narrowly
formulated so that individuals can regulate their conduct accordingly (ICCPR, Article 19; Human
Rights Committee, General Comment No. 34). Terms such as “false” information are inherently broad
and highly vulnerable to arbitrary interpretation, particularly in a context where the State itself is the
principal source of repression and disinformation.
The Bill fails that standard. Rather than addressing cyber-enabled fraud through precise and
proportionate measures, it equips the military with a legal basis to criminalise contested speech,
censor digital platforms on suspicion alone, and extend repression to critics and activists abroad. In
the context of Myanmar’s ongoing conflict, these provisions operate not as legitimate regulation but as
tools to dismantle digital political opposition, punish reporting on military abuses, and obstruct
online humanitarian and advocacy efforts.
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