9/24/21, 8:39 PM The State of Internet Censorship in Myanmar | OONI The Research Team for Telecommunication Law, as established by the Committee for Amending the Telecommunication Law, has analyzed the Telecommunication Law from various aspects, particularly from the view of the legal system and IT technology. According to the findings, this law has resulted in seven cases under section 66(d) and five charges under the former President U Thein Sein administration. Under the present National League for Democracy government, there have been forty-two 66(d) cases, with five resulting in charges, and eight people being held in custody. The rest are ongoing cases. Many of these cases may result from the vague terminology and definitions used as part of Myanmar’s Telecommunication Law. The Research Team for Telecommunication Law pointed out, for example, that Section 68(a) of the Law (“Connecting, receiving, transmitting, distributing or handing out false information dishonestly or participating in such activity”) is vague, confusing, and does not specify the types of online activities that could potentially result in prosecution. Myanmar Penal Code Section 124A [Sedition] of the Myanmar Penal Code prohibits any words, either spoken or written, signs, or visible representations that bring into hatred, contempt, attempts to excite, or disaffection towards the government, and can be punished by life imprisonment or imprisonment of a shorter term to which a fine may be added. Sections 499-502 [Defamation] allow the state to prosecute an individual for defamation, defined as making or publishing any imputation concerning a person intending to harm the reputation of such a person, with a penalty of imprisonment of up to 2 years. Section 505B [Public Tranquility] punishes the creation, publication or circulation of any statement or rumour with the intent to cause fear or alarm to the public which may induce them to commit an offence against the State or against public tranquility, with the penalty of imprisonment which may extend to two years. Computer Science Development Law (1996) Section IX of the 1996 Computer Science Development Law requires prior permission and registration for the importing, keeping, or utilization of computers or related equipment in addition to the setting up of computer networks. Failure to comply with the stipulations of the Ministry of Communications, Posts and Telegraphs is punishable by imprisonment of up to 15 years, and may also be liable to a fine. Despite it being effectively superseded by the 2004 Electronic Transactions Act and subsequently the 2013 Telecommunications Act, it has never been formally repealed and technically remains in force. Press freedom End of pre-publication censorship 2012 In 2012, as part of Myanmar’s reform process, the country’s Ministry of Information abolished prepublication censorship practices, no longer requiring media organisations to submit their content to a censorship board prior to publication. However, a culture of self-censorship remains, with many media organisations taking precaution to avoid accusations of libel and state security charges. Broadcast Law 2015 The Broadcast Law lifted the ban on private ownership of daily newspapers for the first time, with broadcast licenses to public service, commercial and community broadcasters authorized and revoked by https://ooni.org/post/myanmar-report/ 6/19