Myanmar: Digital Content Proposals
or in relation to any secret official code, to seven years and in other cases to three
years.
Note: The maximum penalty here has been reduced to seven years so as to be
more in line with the nature of the crime.
(2) [Repealed]
Note: This sub-section has been repealed. It effectively removes the intent
requirement which is contrary to basic principles of criminal law and also
substantially increases the risk of abuse of this provision.
(3) For purposes of this section, a purpose is prejudicial to the security of the State if
a person(a) commits, in Myanmar, an offence against the laws of Myanmar that is
punishable by a maximum term of imprisonment of two years or more in order
to advance a political, religious or ideological purpose, objective or cause or
to benefit a foreign entity or terrorist group;
(b) commits, inside or outside Myanmar, a terrorist activity;
(c) causes or aggravates an urgent and critical situation in Myanmar that
threatens the ability of the Government of Myanmar to preserve the
sovereignty, security or territorial integrity of Myanmar;
(d) impairs or threatens the military capability of the Armed Forces of
Myanmar, or any part of those Forces;
(e) interferes with the design, development or production of any weapon or
defence equipment of, or intended for, the Armed Forces of Myanmar,
including any hardware, software or system that is part of or associated with
any such weapon or defence equipment;
(f) impairs or threatens the capabilities of the Government of Myanmar in
relation to security and intelligence; or
(g) impairs or threatens the capability of the Government of Myanmar to
conduct diplomatic or consular relations, or conduct and manage
international negotiations.
Note: This sub-section has been added to clarify the scope of State security for
purposes of this section.
5.(1) If any person having in his possession or control any secret official code or
password or any sketch, plan, model, article, note, document or information which
has legitimately been classified as secret on the basis that its disclosure would pose a
serious risk of harm to national security and which has been entrusted in confidence
to him by any person holding office under Government, or which he has obtained or
to which he has had access owing to his position as a person who holds or has held
office under Government, or as a person who holds or has held a contract made on
behalf of Government, or as a person who is or has been employed under a person
who holds or has held such an office or contractNote: The ideas of information that “relates to or is used in a prohibited place”,
“relates to anything in such a place”, “which has been made or obtained in
contravention of this Act” or which is simply held as a result of a person’s
position have been replaced by the idea that the information must have
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