BANGKOK —
Myanmar, currently under military rule, has introduced a new cybersecurity law that imposes extensive regulations on information dissemination, as detailed in a publication from state-run newspapers on Friday.
The military government has a history of stringent measures aimed at suppressing free expression, often invoking vaguely defined national security laws related to online content. Additionally, there have been multiple instances where websites and applications have been blocked, preventing users from accessing information deemed undesirable by the military. Technologies from countries like China and Russia, which are considered the military’s primary allies, are employed for monitoring and censorship activities.
Effective from Wednesday, the newly enacted law includes far-reaching provisions that focus primarily on communication methods and service providers, such as virtual private networks (VPNs), which help users bypass internet restrictions. By linking users to their desired online destinations through intermediary servers, VPNs obscure the content from both internet service providers and government surveillance.
Cybersecurity regulations in various Asian countries often incorporate similar limiting aspects, which critics argue are intended to silence dissenting opinions. Since the military coup in February 2021, when the elected government led by Aung San Suu Kyi was overthrown, there have been numerous efforts by the government to restrict internet access, particularly during the early days following their assumption of power, as social media played a crucial role in orchestrating protests against the takeover.
The situation escalated from peaceful protests to more armed resistance as many independent media outlets faced shutdown or were pushed underground, resulting in a growth of online content supporting anti-military movements, notably through active use of the Telegram messaging app.
Under the terms of the new law, punitive measures—including warnings, fines, service suspensions, and the blacklisting of digital platforms—will be instituted for those who fail to adhere to rules mandating the prevention and removal of what the government regards as “disinformation” or “rumors” that could incite hatred or disrupt stability. Severe penalties apply for those publishing information that violations existing laws or incites violence.
Furthermore, service providers are required to retain user data—including names and personal details—for up to three years and to submit this data to authorities upon request. The law grants authorities the power to investigate and take control of digital platforms and electronic information if deemed necessary for public safety or national security, extending even to Myanmar citizens residing abroad who contravene the law.
Penalties are also established for individuals who set up or provide VPN services without acquiring official permission, with repercussions including imprisonment ranging from one to six months or fines between 1 million kyats ($476) and 10 million kyats ($4,760). Equipment utilized in violation of the law is subject to confiscation.
As of May last year, users of various free VPN services experienced difficulties connecting to the internet, with reports of individuals being fined or detained by security forces if found in possession of VPN applications on their phones. Major telecommunications operators and internet service providers reported a nationwide ban on popular platforms like Facebook, Instagram, X (formerly Twitter), WhatsApp, and VPN services as ordered by the Ministry of Transport and Communications.
The law further stipulates that individuals who create online gambling systems without the necessary approvals will face imprisonment for six months to one year, accompanied by fines ranging from 5 million kyats ($2,380) to 20 million kyats ($9,520), or both. The context of online gambling in Myanmar has been linked to organized crime and has connections with online scam operations that frequently exploit human trafficking victims.
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