Response Committee was created, which appears to run in parallel to the 13 March Committee.8 Unlike the 13 March Committee, which is overseen by State Counsellor Aung San Suu Kyi, the 30 March Committee is overseen by the Vice President and includes a number of militaryappointed members, thereby giving the military a significant role in responding to COVID-19.9 The 30 March Order grants the Committee a number of powers related to COVID-19 management at the federal level, including: To take action in accordance with the existing law to the people who spread misinformation on social media and elsewhere for the purpose of causing panic among the people immediately. 10 This does not grant the Committee the power to make rules but, rather, only to enforce existing laws. However, this particular Committee, with its strong military influence, could significantly influence the manner in which existing rules, including those related to information, are enforced. Other authorities – including the Union Ministry of Health and several region and state governments – have also made statements or issued orders indicating that those who share fake news or rumours related to COVID-19 will face legal action.11 Once again, these would appear to be statements of a willingness to enforce existing rules rather than of an intention to introduce new rules. The prohibitions on sharing information about COVID-19, described above, including in some cases even accurate information, are the most serious issue from the perspective of freedom of expression. However, way in which these rules are enforced is also relevant. The presence of heavy penalties for non-compliance, along with significant discretion in how the rules are enforced, create a risk that the crisis may be used as a justification for limiting freedom of expression. Put differently, criminal penalties for violations of these rules will often be disproportionate and, if these rules are not applied very carefully, they could be abused to target individuals for actions such as criticising government responses to the crisis or even political statements. The military leaning of the 30 March Committee also raises concerns about an overly militarised response. Myanmar law currently provides for criminal penalties for violating a number of rules that are particularly relevant during the COVID-19 pandemic: 8 See Notification No. 53/2020. Bertil Lintner, Covid-19 restores Myanmar military’s lost powers, Asia Times, 2 April 2020. Available at: https://asiatimes.com/2020/04/covid-19-restores-myanmar-militarys-lost-powers/. 10 Union of Myanmar President’s Office, Notification No. 53/2020, 30 March 2020. English translation available at: https://eurocham-myanmar.org/uploads/5d142-notification-%2853-2020%29-formation-of-covid-19-control-emergency-response-committee---eng.pdf. 11 Global New Light of Myanmar, Spreading Rumours, Fake News on Social Media Punishable Under Law, 14 March 2020, available at: https://www.gnlm.com.mm/spreading-rumours-fake-news-on-social-media-punishableunder-law/ (referencing the Ministry of Health); and Myanmar Information Management Unit, Reference Document for Union, States and Local Authority Announcement for COVID-19 Outbreak, available at: https://themimu.info/sites/themimu.info/files/documents/Ref_Doc_Union_States_Local_Authority_Announcement_ for_COVID-19_Outbreak_07May2020_JPF.pdf. 9 -4-