Financial Crime World

Review of Myanmar’s Draft Cyber Security Law

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Concerns with the Draft Law

The Centre for Law and Democracy has reviewed the new draft Cyber Security Law in Myanmar introduced by the military regime. Our analysis highlights several concerns with the draft Law:

Lack of Independence

  • The bodies responsible for issuing electronic certificates and making sanction decisions are controlled by the military regime, undermining their independence.
  • This lack of independence could lead to biased decision-making and undermine trust in the regulatory process.

Ousted Jurisdiction

  • Appeals from these decisions go to the Electronic Communications Regulatory Committee or the Central Committee, whose decision is final, ousting the jurisdiction of the courts.
  • This means that there is no meaningful check on the power of these bodies, which could lead to arbitrary and unfair decisions.
  • The draft Law introduces minimum mandatory prison sentences for various crimes, which can lead to disproportionate punishment and violate the principle that the sentence should correspond to the gravity of the wrong done.
  • Two new security-related offences have been introduced, with harsher penalties for crimes committed with intent to threaten national sovereignty, security, peace, and stability, or to deteriorate relationships between the country and other foreign countries.

Recommendations

The Centre recommends that the whole idea of introducing this law by the military regime should be dropped. When a democratic government returns in Myanmar, proper consultations can be held on what form of cyber security law might be needed. This will ensure that the Law is fair, just, and effective in protecting national security while respecting human rights and the rule of law.