• • • Section 188 of the Penal Code creates the offence of disobeying a public order which causes a danger to human health, which may be punished by up to six months’ imprisonment and/or a fine.12 Violating any prohibition in a rule, order or notification issued under the Natural Disaster Management Law may be punished by up to one year’s imprisonment, a fine, or both, pursuant to section 29 of that Law.13 Under the Prevention and Control of Communicable Diseases Law, violating quarantine orders can result in up to six months’ imprisonment or a MMK 50,000 fine or both.14 In practice, all three of these provisions have been relied upon to charge individuals for violating orders related to public gatherings and events, or curfews and quarantining.15 So far, COVID-19 orders appear mostly to have focused on movement and assembly, rather than freedom of expression. However, freedom of movement and assembly are also human rights and, even if they are legitimately restricted for heath reasons, it is important to monitor closely the application of these restrictions. Monitoring any measures which justify restrictions on freedom of expression based on COVID-19 is also crucial. Other Recent Developments Union Election Commission Notification on Broadcast Campaigning by Political Parties On 23 July 2020, the Union Election Commission (UEC) issued Notification 138/2020, which governs the ability of political parties to broadcast their political campaigns through State-owned radio and television networks. According to the Notification, political parties must obtain permission to broadcast their campaigns, which involves submitting their campaign manuscript to the UEC, which may return it to the party with instructions to edit it.16 The Notification also bars broadcast messages by parties from containing any speech which: • Undermines the unity of the Union, national solidarity or sovereignty. • Disturbs security, the rule of law or peace and stability. 12 The Penal Code is available in English at: http://hrlibrary.umn.edu/research/myanmar/Annex%20K%20%20Myanmar%20Penal%20Code.pdf. 13 Note 5. 14 Sections 14 and 18. Available in English at: https://data.opendevelopmentmekong.net/dataset/ddf84f97-576048bb-95ed-077ccb52ed81/resource/35e949ed-fb8f-438c-989f-2ba0171665b9/download/23.-cd-law-1995-eng.pdf. The law introducing amendments to this, The Law Amending the Prevention and Control of Communicable Diseases Law, 27 January 2011, is available in English at: https://data.opendevelopmentcambodia.net/laws_record/the-law-amending-prevention-and-control-ofcommunicable-diseases-law. 15 See Zarni Mann, Different Laws Applied to Myanmar COVID-19 Restrictions Lead to Inconsistent Punishments for Violators, Irrawaddy, 13 May 2020, available at: https://www.irrawaddy.com/specials/myanmar-covid19/different-laws-applied-myanmar-covid-19-restrictions-lead-inconsistent-punishments-violators.html; and Human Rights Watch, Myanmar: Hundreds Jailed for COVID-19 Violations, 28 May 2020, available at: https://www.hrw.org/news/2020/05/28/myanmar-hundreds-jailed-covid-19-violations. 16 Union Election Commission, Notification 138/2020, 23 July 2020, Permission for Broadcast Campaigns of Political Parties, paras. 3, 5. Available at: https://www.gnlm.com.mm/permission-for-broadcast-campaigns-ofpolitical-parties. -5-