Vol. 8, No. 3
Smith & Smith: Use and Abuse of Social Media in Myanmar between…
Methodology
This research is based on the documentary research concept. It analyses the
current and proposed legislation governing social media. Finally, it analyses the
available contemporary reputable sources to provide details of the use and abuse of
social media over the period 2010 to 2022.
Legal Analysis
In October 2013, Myanmar enacted the Telecommunications Law. 31 The
Law opened the telecommunications sector:
"to bring out Telecommunications Services that will be able to provide high quality
and worthy services to the users by allowing fair and transparent competitions from
domestic and abroad in the telecommunications sector which is developing;" 32
As a result, the government created four new telecommunications licences.33
Finally, in June 2013, Telenor (Norway) and Ooredoo (Qatar) were awarded
licences. 34 In July/August, when SIM cards became available, activists from the
969 Buddhist organisation asked people not to buy SIM cards from a Muslim
country. 35 The bidding process was considered to be well conducted and transparent
resulting in mobile coverage across most of the country “at an affordable rate, in
competition with the existing government-run network”. 36
At the same time, the Law introduced some somewhat draconian provisions
that impact the users of the telecommunication services. The most controversial
clauses are:
"66. Whoever commits any of the following acts shall, on conviction, be liable to
imprisonment for a term not exceeding three years or to a fine or to both: 37
(a) Accessing and disturbing a Telecommunications Network, altering or destroying
the determination of technical standards or the original form without the permission
of the owner administrative right.
(b) […]
(c) […].
(d) Extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue
influence or threatening to any person by using any Telecommunications Network.
[…]
68. Whoever commits any of the following acts shall, on conviction, be liable to
imprisonment for a term not exceeding one year or to a fine or both.
31
Telecommunications Law 2013.
Ibid, at art. 4(d).
33
Lall (2016) at 140.
34
Ibid.
35
Ibid.
36
Cockett (2015) at 234.
37
Telecommunications Law 2013, art. 66
32
312
Electronic copy available at: https://ssrn.com/abstract=4150894