9/24/21, 8:39 PM The State of Internet Censorship in Myanmar | OONI a Broadcast Council. However, the law maintains government control over the broadcasting sector– members of the Broadcast Council are appointed by its president, leaving it open to political manipulation, and undermining its independence. Access to information Official Secrets Act 1923 Myanmar’s broadly drawn Official Secrets Act which dates back to 1923 penalizes the receival and dissemination of a broadly defined range of documents, especially government documents. Section 3(1)(a) of the Official Secrets Act provides penalties of up to 14 years of imprisonment for anyone approaching or entering a broad range of prohibited places. Section 5 of the Act severely limits the disclosure of information of any kind by anyone within or with connections to the government, in addition to making it an offense to receive such information, with both offenses carrying providing penalties of up to 2 years of imprisonment. Electronic Transactions Law 2004 The 2004 Electronic Transaction Law forbids the sending or distribution of “information relating to secrets of the security of the state” through the internet. Due to the broadness of this definition, this applies to communications about cultural or economic affairs, and has been used to imprison journalists, bloggers or activists. The law, along with the Television and Video Law was applied by closed courts (mostly operating out of Insein prison) to deliver sentences of up to 65 years to activists, bloggers and members of the 88 Generation Students Group. Privacy Section 357 of the Constitution of Burma 2008 states that “the Union must protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of the Constitution”. Certain data privacy requirements exist as part of Myanmar’s 2004 Electronic Transactions Law. Some ISPs such as Telenor have adopted their own policies in regards to the privacy of their customers. The company stated in their policy that they hold a public commitment to protecting their subscribers’ freedom of expression and privacy in accordance with local legislation. In mid-December 2016, Myanmar ICT for Development Organization (MIDO) organized the Myanmar Digital Rights Forum, together with Phandeeyar, Myanmar Centre for Responsible Business and EngagedMedia.org, with support from the Embassy of Sweden. The two-day Forum brought together about 90 representatives from organizations of the private sector and civil society, as well as government and media, to discuss concerns to digital rights. The participants discussed the (then) draft Citizens’ Privacy and Security Protection Bill and raised a number of concerns about its impact and practical implementation. Many of the concerns pertained to the flaws and vague definitions included in the Bill, as well as to its limited compliance with international human rights standards. Some of the participants pointed out that the Bill does not contain a clear process for seeking permission, an order or a warrant that would authorize the circumstances for data collection and retention. As such, representatives from 18 organizations attending the Myanmar Digital Rights Forum released a joint statement urging the Union Parliament and the Government not to expedite the law enacting without having nation-wide public consultation. Despite the comments and requests made by civil society organizations, the Citizens’ Privacy and Security Protection Bill was enacted into law on 8th March 2017. The main changes to the law, compared to the https://ooni.org/post/myanmar-report/ 7/19