government proposed amendments, however, they fell short of the needed reform
(see Legal Environment). 47
C. Violations of User Rights
The 2013 Telecommunications Law transformed the industry, but introduced a
defamation provision which was used to jail dozens of internet users for political
speech during the coverage period of this report. Assailants separately attacked two
journalists active online, one fatally. Hackers continued to target the media.
Legal Environment
The current constitution, drafted by the military-led government and approved in a
flawed 2008 referendum, does not guarantee internet freedom. It states that every
citizen may exercise the right to “express and publish their convictions and opinions,”
if “not contrary to the laws enacted for Union [of Myanmar] security, prevalence of
law and order, community peace and tranquility or public order and morality.” 48
Some laws explicitly penalize online activity and have been used to imprison internet
users. Parliament enacted a long-pending Telecommunication Law, drafted with the
help of international experts including the World Bank, in October 2013. 49 Domestic
and international investors applauded the consultative drafting process, along with
the guidelines for the industry which provided the foundation for improving access
(see Regulatory Bodies). 50 However, the law includes broadly worded clauses that
subject internet activity to criminal punishment. Clause 66(d) prohibits “extortion…
coercion, unlawful restriction, defamation, interfering, undue influence, or
intimidation using a telecommunication network,” with penalties of up to three years
of imprisonment. Clause 68 punishes “communication, reception, sending,
distribution or sharing of incorrect information with dishonest intention” with
imprisonment for up to one year, an unspecified fine, or both. At least 68
prosecutions have been documented since the law was passed (see Prosecutions and
Detentions for Online Activity).
The NLD government has refused to repeal or initiate a significant amendment of the
Telecommunication Law. The Ministry of Transport and Communications submitted a
draft amendment to the Upper House of Parliament in July 2017. If approved, the
changes would allow suspects to post bail—many are currently held for long periods