iMAP Myanmar 2023 Internet Censorship Report | Page 16 Penal Code (1861, amended 2016, 2019 and 2021) The Penal Code (also known as the Criminal Code) law was tentatively created under a colonial government. It was amended in 2016, 2019, and most recently in 2021.36 Many articles, including ones on defamation, sedition, offence, religion, and incitement, are easily used to suppress debate and punish those who criticise the government. Right after the coup, the SAC amended the Penal Code by adding a new provision for section 505A, broadening section 124A, and adding new sections 124C and 124D. The new amendments attempt to prohibit the rights of free expression, peaceful assembly, and association. Since the military coup, most detainees including ethnic minority Rohingyas have been charged under the amended section 505A. Anyone who “causes fear,” spreads “false news, [or] agitates directly or indirectly a criminal offence against a government employee” is punishable by up to three years in prison.37 On 3 May 2023, the State Administrative Council (SAC) released 2,153 political prisoners under the charge of Penal Code Act 505 A.38 Electronic Transactions Law (2004, 2014 and amended 2021) Originally enacted in 2004, the Myanmar Electronic Transactions Law39 was amended in 2014 to remove some problematic provisions. On 15 February 2021, after the military coup, the SAC amended this law again without forewarning and opportunity to consult. The new amendment mostly copies the 2021 Draft Cybersecurity Bill, including Articles 9/38, 38a, 38d and 38e, and it further restricts digital rights. The 2021 amendment extends criminalising anti-regime statements, which curbs information access and freedom of expression. The new crimes and their long prison sentences will create significant risk to the right to freedom of expression especially in the digital space. Dozens of journalists have been forced to flee following the military’s crackdown on press freedoms. According to the Committee to Protect Journalists (CPJ), more than 100 journalists were arrested under criminal charges in 2021.40 Draft Cybersecurity Bill (2021) A draft Cybersecurity Bill was first introduced in 2019,41 but it was abandoned. This Cybersecurity bill (1.0) was again proposed by the State Administration Council a week after the coup in 2021. On 28 January 2022,42 the military revised the draft law (Law 2.0) by requesting feedback from a few stakeholders. Based on the analysis done by Free Expression Myanmar (FEM), the new draft Cyber Law (2.0) repeats and adds on the 36 The Penal Code. (1861). https://myanmar-law-library.org/topics/myanmar-labour-health-and-safety-law/penal-code-1861.html 37 Human Rights Watch. (2021, March 2). Myanmar: Post-coup legal changes erode human rights. https://www.hrw.org/news/2021/03/02/myanmar-post-coup-legal-changes-erode-human-rights 38 Amnesty. (2023, May 3). Myanmar: Follow ‘long overdue’ pardons by releasing all those unjustly detained. https://www.amnesty.org/en/latest/news/2023/05/myanmar-release-all-unjustly-detained-prisoners/ 39 Electronic Transactions Law. (2004). https://freeexpressionmyanmar.org/wp-content/uploads/2017/07/Electronic-Transactions-Law-EN.pdf 40 Freedom House. (2022). 2022 Myanmar Country Report. https://freedomhouse.org/country/myanmar/freedom-world/2021 41 Draft Cyber Security Law. (2022). https://freeexpressionmyanmar.org/wp-content/uploads/2022/01/Cyber-Security-Bill-2022-EN.pdf 42 Gan, A., & See, K. (2022, February 12). Myanmar: The introduction of a prohibition on the use of virtual private networks. Global Compliance News. https://www.globalcompliancenews.com/2022/02/12/myanmar-the-introduction-of-a-prohibition-on-the-use-of-virtual-private-net works250122/