requires heads of households and employers to report instances of contagious diseases on their
premises.3
From the perspective of freedom of expression, however, the most troubling part of the draft law
are the prohibitions on sharing information which could create public panic. The draft law would
impose a fine or, for repeat offenders, imprisonment of up to six months, on those who write,
speak, receive or publish news related to contagious diseases which could cause panic.4
The draft version of this provision does not, based on the English commentary available, appear
to specify any intent requirement (i.e. that someone would be liable under it only if he or she
specifically intended to create panic). It also does not require the information to be false or
incorrect, thereby penalising the sharing even of accurate information. This may be contrasted
with other legal provisions, which focus on the sharing of inaccurate information. For example,
section 27 of the National Disaster Management Law prohibits misinforming others about a
natural disaster with the aim of creating fear (dread) among the public, punishable by up to one
year’s imprisonment and/or a fine.5 The Telecommunications Act also provides for up to one
year’s imprisonment and/or a fine for communicating incorrect information with dishonest
intent.6
If enacted as written, the new law would therefore expand legal restrictions on the sharing of
public health information, including information which is accurate. This is highly problematic
because the circulation of correct information should be protected, especially during a public
health crisis. Indeed, sharing even incorrect information should only attract liability when this is
done with malicious intent. The criminal law is a disproportionate tool to address situations
where someone shares incorrect information unknowingly or without malicious intent, even in a
health emergency. There are better ways to address this problem, such as through education, fact
checking on social media accounts and the active dissemination by official actors of correct
information about the health situation.
Another key development during the pandemic is the new institutional structures which were
created to respond to the crisis. On 13 March 2020, the government, through a Presidential
Announcement, created the National Central Committee on Prevention, Control and Treatment
of the 2019 Novel Coronavirus, a more empowered version of another committee which had
been formed in January.7 Then, on 30 March 2020, the COVID-19 Control and Emergency
3
The Ananda, Bill Analysis: Prevention and Control of Communicable disease Bill, 8 April 2020, available at:
https://theananda.org/en/blog/view/-Bill-Analysis_PCCD-Bill; and Myat Thura, New Bill Aims to Update
Mynamar’s Communicable Diseases Law, Myanmar Times, 19 May 2020, available at:
https://www.mmtimes.com/news/new-bill-aims-update-myanmars-communicable-diseases-law.html.
4
As described in English in ARTICLE 19, Myanmar: Restriction on Expression in Communicable Diseases Bill
Would Undermine COVID-19 Response, 12 May 2020. Available at: https://www.article19.org/resources/myanmarrestriction-on-expression-in-communicable-diseases-bill-would-undermine-covid-19-response.
5
Natural Disaster Management Law, 31 July 2013, section 27. Available in English at: http://www.myanmar-lawlibrary.org/spip.php?page=pdfjs&id_document=624.
6
Telecommunications Law, 8 October 2013, section 68(a). Available in English at:
http://www.asianlii.org/mm/legis/laws/tlhln312013511.
7
Union of Myanmar President’s Office, Announcement No. 1/2020, 13 March 2020. English translation available
at: http://themimu.info/sites/themimu.info/files/documents/President_Office_Statement_13Mar2020_ENG.pdf.
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