Vol. 8, No. 3 Smith & Smith: Use and Abuse of Social Media in Myanmar between… "When the Department informs that Online Service Provider causes any of the following events in the Cyberspace within the Union of Myanmar, they shall be prevented, removed, destroyed and terminated in line with the stipulations: a) Speech, texts, images, videos, audio, files, signs or other means of expression that lead to hatred and destroy unity and peace; b) Fake news and rumours; c) Sexually oriented pictures, audio files, videos, phrases, signs or any other illustrations that are not in line with the community’s culture; d) Child pornography, pictures, phrases, signs or any other illustrations; and e) Written statements, speeches or descriptions that infringe any existing laws." 49 As has been found in the laws of other jurisdictions in Southeast Asia,50 the draft law does not define terms such as “destroying unity and peace”, “fake news and rumours”, and the “community’s culture”. Moreover, it leaves the Department the power to determine what is acceptable and what is not, hence restricting freedom of speech. Further, Section 49 allows for the interception to prevent harm to the “sovereignty and territorial integrity of the State”; 51 performing acts “for the defence and security of the State”; 52 ensuring “the rule of law and public order”;53 criminal investigations; 54 investigating crimes; activities “approved under any existing laws”; 55 and “safeguarding and protecting public life, property and public welfare”.56 Again, the draft includes activities that can be undertaken by the authorities that are ill-defined at best or are potentially undefined. Online service providers may be requested “to provide written records if it is necessary for the country’s protection and security purposes and public interest”.57 Offences under the draft law include: a. “creating misinformation and disinformation with the intent of causing public panic, loss of trust or social division on a cyberspace”; 58 b. “creating a fake account, website and web portal with the intent of causing public panic, loss of trust or social division on a cyberspace”; 59 c. “Anyone - with the intention of infringing state sovereignty, security, stability, rule of law, unity among ethnic groups - prevent others not to be able to use cyber resources, make the use of cyber resources difficult, attempt to penetrate the cyber network without permission, use more than allowed, put in the malware into computer with the intention of harming someone, shall be prosecuted under the Counter-Terrorism Law.” 60 49 Myanmar Centre for Responsible Business (2021) at 5-6. See for instance: Smith & Perry (2020); Smith, & Perry (2022); Smith, Perry & Smith (2021). 51 Draft Cyber Security law,. s. 49(a) 52 Ibid, s. 49(b). 53 Ibid, s. 49(c). 54 Ibid, s.49(d). 55 Ibid, s. 49(e). 56 Ibid, s. 49(f). 57 Ibid, s. 50. 58 Ibid, s. 64. 59 Ibid, s. 65. 60 Ibid, s. 70. 50 314 Electronic copy available at: https://ssrn.com/abstract=4150894