blocking, is broad and lacks transparency (Art. 51). These provisions expose individuals and entities, including digital platforms, to arbitrary rulings without meaningful recourse, violating the right to a fair hearing. Additionally, the law grants the National Digital Laboratory final authority on electronic evidence (Art. 50b), denying defendants the right to challenge the validity of evidence—a cornerstone of fair trials. In a military-dominated system, this provision facilitates the use of fabricated evidence and politically motivated prosecutions. By centralising power and dismantling safeguards for justice, the law deepens Myanmar’s disregard for the rule of law. It denies fair trial rights and due process in the digital space, turning legal mechanisms further into instruments of political repression. Digital rights NGOs at risk The Cybersecurity Law requires providers offering cybersecurity services to obtain a special licence (Arts. 20-23, 28). However, the vague definitions of “vendor” and “services” (Arts. 4.h-j) create broad uncertainty, potentially including digital rights NGOs and CSOs, as well as individuals involved in digital security work, within the scope of the law. A special licencing regime for digital security allows the military to exert further control over civil society, threatening freedom of association. Failure to comply with the law’s obligations on licenced providers to submit reports (Art. 29) and cooperate on cyber threats (Art. 35) can result in severe consequences, including licence revocation and unspecified fines (Art. 51), imprisonment up to six months (Art. 62), and dissolution (Art. 53). Appeals are restricted to the military-controlled ministry and oversight committee, with no access to an independent judiciary (Arts. 54-59). These provisions create a chilling effect, hindering the operation of digital rights organisations. Controlling social media The Cyber Security Law imposes stringent regulations on domestic and international platforms, including global giants like Facebook, granting the military expansive control over social media. While enforcing these provisions on foreign platforms may be challenging, the law provides legal grounds for blocking or banning non-compliant platforms, facilitating censorship and arbitrary enforcement. Platforms with over 100,000 users, whether local or foreign, must obtain a licence valid for three to 10 years (Arts. 24, 19). Licence approvals are managed by a government department, with appeals adjudicated by a military-controlled committee, bypassing judicial oversight (Arts. 25, 57-59). Although the military has removed an earlier requirement for platforms to host data on government-designated servers (2022v Art. 36.a), the law still empowers authorities to inspect, suspend, take over, or ban platforms on vague grounds, often citing cybersecurity as a pretext for arbitrary actions (Arts. 42, 43a-c).

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