66. In December 2019, the Government of Myanmar passed the National Records and Archives Law. The law weakens access to information in Myanmar by providing the government full discretion, without independent review, to classify documents which would then not become public for thirty years. 114 It also introduces prison sentences for those ‘accessing or publishing information without government permission’.115 67. The Computer Science Development Law provides that anyone who ‘sets up a computer network, or connects a link inside the computer network’ without prior permission of the relevant ministry may be imprisoned for between seven and 15 years and fined.116 An identical punishment is prescribed for acts undermining state security, or for obtaining or distributing information relevant for state security using a computer network or any information technology.117 Section 36 prohibits importing computer software or information prohibited by a council established in accordance with that law; those convicted may be imprisoned for five to ten years and fined. 118 These provisions do not protect a legitimate interest and risk arbitrary application against those exercising their right to freedom of expression. 68. Recommendations: • Fully protect the right to information, including by passing comprehensive right to information legislation in line with international standards. • Revise the National Archives and Records Law to bring it into line with international standards. • Repeal sections 32, 34, and 36 of the Computer Science Development Law. Thompson Chau, ‘Public access to info: Planned archives law alarms civil society’, Myanmar Times, 22 July 2019, available at: https://www.mmtimes.com/news/public-access-info-planned-archives-law-alarms-civil-society.html. 115 Free Expression Myanmar, ‘New Bill a big step backwards for RTI’, 18 July 2019, available at: http://freeexpressionmyanmar.org/new-bill-a-big-step-backwards-for-rti/; Centre for Law and Democracy, Myanmar: Archives Law Fails to Respect the Right to Information, 28 August 2019, available at: https://www.lawdemocracy.org/live/myanmar-archives-law-fails-to-respect-the-right-to-information/. 116 The State Law and Order Restoration Council Law No. 10/96 The 8th Waxing Day of Tawthalin, 1358 M.E., 20 September 1996, section 32. 117 Ibid, section 34. 118 Ibid, section 36. 114 15