developing a such a law,249 stating that the new
framework would include provisions penalizing those
who “insult the country and people and commit crimes
over any communications network.”250 Human rights
defenders have expressed concern that the proposed
legislation, like other restrictive laws governing online
activity in recent years, would be vague, overly broad,
and used to punish a range of online behaviors.251
The draft cybercrimes law has not been publicly
withdrawn, but following the widespread outcry, the
military quickly amended the Electronic Transactions
Law in February 2021, copying over many of the
problematic provisions from the contentious draft.252
These included new rules that could be used to
criminalize the publication of “false information” or
information that could damage foreign relations.253 The
USDP-led government had amended but failed to
repeal the 2004 Electronic Transactions Law in 2013; it
criminalized “any act detrimental to” state security, law
and order, community peace and tranquility, national
solidarity, the national economy, or the national
culture—including “receiving or sending” information
with those effects. The law was routinely used to
criminalize internet activism during the previous
period of military rule.
In response to the COVID-19 outbreak, the NLD-led
government put forward a draft Prevention and
Control of Communicable Diseases Bill in February
2020. The bill included a provision that imposed fines
and a potential six-month prison term on health
officials who disseminate certain health information
during specified times if it could cause fear or panic.254
Authorities claimed that the draft law sought to
prevent public disorder and the spread of intentionally
false information. The bill remained in draft form at
the time of the coup.
The Trademark Law, adopted in January 2019,
penalizes trademark infringement and counterfeiting
with up to three years’ imprisonment and a fine of
approximately 5 million kyats ($3,800).255 It was
adopted alongside the Patent Law and the Industrial
Design Law, which also include criminal sanctions for
violations.256 In May 2019, a copyright law that includes
prison terms of up to three years for commercial
copying without consent was adopted.257 Each law
applies to online content and could be used against
users.
After a series of leaked draft laws criminalizing “hate
speech” received significant criticism from civil society
in 2017, the process of developing such a law was
largely kept secret, and a bill had not yet been put
before the parliament at the time of the coup.258 The
government claimed in 2017 that consultations with
civil society regarding the bill had occurred,259 but
several well-known civil society organizations working
on the issue refuted these assertions and had received
no responses to their requests for meetings with the
parliament.260 The government in April 2020 issued a
Directive on the Prevention of Incitement to Hatred
and Violence, ordering officials to address the issue of
hate speech.261 The directive came in advance of a
reporting deadline set by the International Court of
Justice.
C3: အွန်လိ&ငး် လ&ပ်ေဆာင်မ1များအတွက် ြပည်သမ
= ျား အြပစ်ေပးြခင်း ခံရပါသလား။ (၀-၆ မ.တ)်
၁ မ.တ်
C3: Are individuals penalized for online activities? (0–6 points)
1
Internet users are frequently prosecuted in Myanmar’s
restrictive legal environment. Between the start of the
coup and June 2021, 86 journalists and media workers
had been charged under at least 10 laws, in many cases
for their journalism published online.262 The vast
majority were awaiting sentencing at the end of the
coverage period and had been held in pretrial
detention.263 The military has also targeted prominent
social media users—including influencers, actors,
singers, and food and beauty bloggers—by adding them
to wanted lists that are broadcast nightly for those
charged under Section 505A of the penal code (see C2).
At least 60 people were on these lists as of early April.264
Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတ်လပ်မ/ - ြမန်မာ2ိ4င်ငံ - Page 20