in pretrial detention—and put limits on the circumstances in which people are
allowed to submit complaints on behalf of others, among other minor reforms. But
the bill would retain the same penalties for convictions. 51
The previous government amended but failed to repeal the notorious 2004 Electronic
Transaction Law (ETL) in 2013. It was routinely used to criminalize internet activism
under the junta. The amendments reduced but did not eliminate possible jail
sentences for ill-defined online actions, punishing “any act detrimental to” state
security, law and order, community peace and tranquility, national solidarity, the
national economy, or national culture—including “receiving or sending” related
information—by three to seven years imprisonment, down from seven to fifteen
years.
In 2014, Thaung Tin, an MCIT deputy, acknowledged the need to fix repressive laws like
the ETL and the Computer Science and Development Law, which criminalizes
unauthorized use of a computer with a “fax-modem card.” 52 The MCIT announced
plans to revise the ETL, but no developments had been reported as of mid-2017. 53
Prosecutions and Detentions for Online Activities
At the end of this report’s coverage period, at least 68 cases had been brought to the
courts under the Telecommunication Law since it passed in October 2013 (see Legal
Environment). Among them, 61 fell under the NLD government. The seven brought
under the previous government mostly involved criticism of the government and the
military on Facebook. All went to trial, and five resulted in prison terms of up to six
months. 54
Under the NLD administration, use of the law has been less strategic, but the number
of cases has mushroomed as government officials, NLD parliamentarians, and NLD
party members all brought charges against anyone they perceived to be opposing
them online. Troublingly, at least 14 journalists have been now been charged under
Clause 66 D.
Citizens have also used the law against each other. For instance, at least eight cases
were brought by NLD supporters against Facebook users for posts that allegedly
attacked or defamed Aung San Suu Kyi.