Myanmar: Digital Content Proposals
legitimately been classified as secret and be held by the person as a result of his
or her position.
(a) wilfully communicates the code or password, sketch, plan, model, article,
note, document or information to any person other than a person to whom he
is authorised to communicate it, or a Court of Justice or a person to whom it
is, in the interests of the State, his duty to communicate it; or
Note: No change has been made to this provision.
(b) wilfully uses the information in his possession in any manner which is
prejudicial to national security; or
Note: The ideas of using information “for the benefit of any foreign power” and
against “the safety of the State” have been replaced by the idea of prejudice to
national security. A requirement of wilfulness has been added to reflect the need
for a mental element for every crime.
(c) wilfully retains the sketch, plan, model, article, note or document in his
possession or control when he has no right to retain it, or when it is contrary
to his duty to retain it, or wilfully fails to comply with all directions issued by
lawful authority with regard to the return or disposal thereof; or
Note: The defence of wilfulness has been expanded to all of this sub-section, on
the basis that all crimes should involve a mental element.
(d) fails to take reasonable care of, or so conducts himself as to endanger the
safety of, the sketch, plan, model, article, note, document, secret official code
or pass word or information;
Note: No change has been made to this provision.
he shall be guilty of an offence under this section.
(2) [Repealed]
Note: This is simply not reasonable. It is no fault of a person if they receive
secret information. Furthermore, where information is provided in the public
interest, the person should receive it.
(3) [Repealed]
Note: This is already covered by sub-section 5(1)(a).
(4) A person guilty of an offence under this section shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with both.
Note: No change has been made to this provision.
5A. Where the offences in sections 3 and 5 involve expressive activity they shall not
apply where it is established that the person involved acted in the public interest.
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