C2: အွန်လင
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C2: Are there laws that assign criminal penalties or civil liability for online activities? (0–4 points)
0
The military has drastically expanded legal
penalties for online activities following the coup,
including during the coverage period.
In November 2021, the military imposed
amendments to the Broadcasting Law that extended
criminal penalties to media outlets publishing
online without a license, punishable by up to five
years’ imprisonment (see B6).
In January 2022, the military circulated a revised
draft of the Cyber Security Law. The draft
undermines due process, eases further blocking,
and criminalizes the use of VPNs. The draft would
also give the military absolute control over the
internet in Myanmar and extend military
jurisdiction to foreign companies.222 Following
widespread outcry, the military quietly dropped an
earlier version of the proposal in February 2021.223
The January 2022 proposal has been strongly
criticized by human rights organizations like Free
Expression Myanmar and multistakeholder
coalitions like the Global Network Initiative.224 The
draft’s status was unclear at the end of the coverage
period.
The military also amended the Electronic
Transactions Law in February 2021, incorporating
many of the problematic provisions from the initial
draft of the Cyber Security Law. These included new
rules that could be used to criminalize the
publication of “false information” or information
that could damage foreign relations.225
In February 2021, the military unilaterally amended
the penal code to strengthen punishments for
treason and sedition,226 and added an extremely
vague criminal offense under Article 505A, which
criminalized causing fear, spreading false news, or
disrupting officials; Article 505A prescribes
penalties of up to three years’ imprisonment, a fine,
or both.227 The military used Article 505A
thousands of times during the coverage period to
punish dissent, including online (see C3).228 The
amended penal code contains other provisions that
have been used to a lesser extent, including Article
505(a), which criminalizes encouraging officials to
mutiny, and Article 505(b), which bans causing fear
or alarm in public.”229
In March 2021, the military imposed martial law,
which prescribes capital punishment for a range of
crimes including treason, inciting disaffection
towards the government or military, or disrupting
the government or military.230 The law also brought
the adjudication of the News Media Law, Printing
and Publishing Law, and Electronic Transactions
Law under the jurisdiction of courts-martial, as well
Sections 505 and 505A of the penal code.
The 2004 Electronic Transactions Law criminalized
online activity. For instance, it barred “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.231 The
Telecommunications Law was enacted by a
military-backed civilian government in 2013
principally to deregulate the market but also
included new criminal provisions for legitimate
digital activities; Article 66(d) addresses
defamation while Article 68 covers
disinformation.232 The law was amended in 2017
after significant criticism of the misuse of Article
66(d) to penalize dissent, with no discernible
impact.233 In December 2020, a civil society
coalition launched a new push to amend Article
66(d) and the country’s five other criminal
defamation provisions, putting forward four reform
options.234
The Law Protecting the Privacy and Security of
Citizens, which was enacted in 2017 and widely
condemned by civil society for being debated and
passed without proper consultation, provides for
prison terms of up to three years for defamation.235
The defamation provisions were amended in 2020
but were still used to prosecute individuals for
online activity (see C3).236 In February 2021, the
military suspended parts of the law, including its
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4 င
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Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတလ