The second part discusses other recent legal developments, including:
• The Union Election Commission’s Notification on political parties disseminating their
campaigns on State-owned broadcasters, which requires parties to submit a script of the
campaigns to the Commission for approval before they may be broadcast and introduces
a number of restrictions on what may be included in such campaigns, such as statements
that defame the nation or disturb the rule of law.
• The National Records and Archives Law has come into effect and it tends to promote
greater secrecy, rather than openness, within government.
• A directive on hate speech from the President’s Office requires ministries and region and
state governments to take very general measures to prevent hate speech.
• An amendment to the Law on Protecting the Privacy and Security of Citizens limits its
application, including rules prohibiting interferences with privacy or causing harm to
reputation, to competent authorities with official powers and duties, instead of everyone.
• In a very welcome development, By-laws under the Broadcast Law have been adopted,
paving the way for appointment of the appointment of the National Broadcasting
Council, the main regulatory body under the Broadcast Law.
• The Hluttaw is actively considering the Telecommunications Commission Bill, which
would establish an independent telecommunications regulator, although the protections
for the Commission’s independence could be much stronger.
Introduction
This Note reviews legal developments in Myanmar which have been prepared or come into force
in 2020 and which affect freedom of expression in one way or another. The main aim is to
provide readers with an overall sense of what is happening in this area. As such, it is intended to
provide a general sense of the main impact that these developments have had, or may or might
have on freedom of expression rather than a detailed analysis of the precise ways in which they
fail to respect international human rights standards in this area.
Legal Developments Related to COVID-19
Myanmar has put forward a new version of its Prevention and Control of Communicable
Diseases Law, the law which provides the legal basis for much of Myanmar’s COVID-19
response. The current version of this Law dates from 1995, but the government released a
revised draft for public comment in February.2 Draft legislation was then introduced in
Parliament in May. No English version of the draft law is available yet but secondary reports
indicate that it would introduce some important changes to Myanmar’s disease control laws.
Among other things, commentators have criticised a mandatory reporting requirement which
2
The Burmese version is available at:
https://pyidaungsu.hluttaw.mm/uploads/pdf/mu4lWS_CD%20Law%20%2011.12.19%20(Annex%203)%20PDF.pdf
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