Database

Browse Database

MYANMAR

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Myanmar's law and jurisprudence. It is reported that the Telecommunication Law does not explicitly hold intermediaries liable for the content, but some provisions are vague and could feasibly be interpreted to justify content removals.
Coverage Internet intermediaries

MYANMAR

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Myanmar imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

MYANMAR

Reported in 2021, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
As of May 2021, the Ministry of Transportation and Communications (MoTC) reportedly issued a series of directives ordering mobile service providers to block all websites except a list of about 1,200 that have been approved by the military, following the military's orders directing service providers to restrict access to all but the listed websites and IP addresses. These included numerous banking and financial sites, a handful of entertainment platforms such as YouTube and Netflix, major news outlets such as the New York Times and the U.S. cable news network (CNN), and gaming platforms. In February 2021, the MoTC ordered all ISPs, mobile service providers, and international gateway managers to block access to Facebook and WhatsApp. In February 2021, orders to block Twitter and Instagram followed. While WhatsApp and Instagram were included on a list of approved sites in May 2021, Other secretive blocks on websites have reportedly been ordered since the military coup, affecting popular platforms such as Wikipedia as well as national media outlets. In addition, in 2021, it has also been reported that the Myanmar government banned virtual private networks (VPNs).
The list of permitted addresses was updated in 2022 to include business sites, including those of local companies; however, it remains uncertain whether subsequent updates have occurred since then. Notably, Facebook, Twitter and most Burmese-language independent media outlets are not part of the list and, as a result, remain inaccessible in the country. On the other hand, platforms such as Instagram, YouTube, WhatsApp, LinkedIn, Viber and Zoom apparently remained accessible.
Coverage Websites, VPNs, online newspapers, and social media platforms

MYANMAR

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Malaysia does not require functional separation for operators with significant market power (SMP) in the telecom market. However, since 2015, there has been an obligation for accounting separation.
Coverage Telecommunications sector

MYANMAR

Since October 2013, last amended in August 2017

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
The Telecommunications Law (The Pyidaungsu Hluttaw Law No. 31, 2013) (ဆက္သြယ္ေရးဥပေဒ (၂၀၁၃ ခုနွစ္၊ ၿပည္ေထာင္စုဥပေဒလႊတ္ေတာ္ဥပေဒအမွတ္ ၃၁။))
Chapter 3 of the Myanmar Telecommunications Law stipulates that any person, department, or business organisation, inside Myanmar or from abroad, willing to provide the following facilities and/or telecommunication services shall apply to the Directorate of Communication under the Ministry of Communications and Information Technology for permission and licence for the following services: (i) Network facility services (NFS); (b) Network Services (NS); and (ii) Application services (AS).
It is reported that the government issues tenders upon granting telecommunications licenses. The Government determines from a policy standpoint how many operators to let in. In addition, in 2020, it was reported that the government of Myanmar reportedly threatened to cancel licenses unless their holders complied with demands to block websites, including news outlets. Local government officials also stressed the need for providers to obtain permits to lay fibre-optic cables, build towers, and install Wi-Fi devices.
Coverage Telecommunications sector

MYANMAR

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Myanmar has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MYANMAR

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Myanmar has a telecommunications authority: The Posts and Telecommunications Department (Department) under the Ministry of Transport and Communications. However, it is reported that the decision making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

MYANMAR

Since April 2004, last amended in February 2021
Since February 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Electronic Transactions Law (The State Peace and Development Council Law No. 5/2004) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေ)

Law Amending the Electronic Transactions Law (State Administrative Council Law No. 7/2021) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေကို ပြင်ဆင်သည့် ဥပဒေ နိုင်ငံတော်စီမံအုပ်ချုပ်ရေးကောင်စီ ဥပဒေအမှတ် (၇/၂၀၂၁))
Section 27-A(ii) of the Electronic Transactions Law, as amended in 2021 by Law No. 7/2021, mandates the personal data administrator to seek the consent of the owner of data before any data transfer. However, the law does not further regulate the ways in which the owner's consent is sought.
Coverage Horizontal

MYANMAR

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Myanmar has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

MYANMAR

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Myanmar does not have a comprehensive regime in place for all personal data. However, the Constitution of the Republic of the Union of Myanmar and the Law Protecting the Privacy and Security of Citizens set out provisions for the protection of privacy and security of communications. These are supplemented by sectoral legislation, such as the Telecommunications Law 2013, which contains provisions related to the confidentiality of personal information.
Coverage Horizontal

MYANMAR

Since April 2004, last amended in February 2021

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Electronic Transactions Law (The State Peace and Development Council Law No. 5/2004) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေ)
Art. 27 of the Electronic Transactions Law requires personal data administrators to retain personal data for a specified period before destruction. However, the regulation does not define the exact duration for which the data must be retained.
Coverage Horizontal

MYANMAR

Since October 2013, last amended in August 2017

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
The Telecommunications Law (The Pyidaungsu Hluttaw Law No. 31, 2013) (ဆက္သြယ္ေရးဥပေဒ (၂၀၁၃ ခုနွစ္၊ ၿပည္ေထာင္စုဥပေဒလႊတ္ေတာ္ဥပေဒအမွတ္ ၃၁။))
Arts. 75 and 77 of the Telecommunication Law allow the government to intercept, suspend, or obtain any information that threatens national security and the rule of law in the country. The broad provision fails to specify which government agents are authorised to do this and what sort of information specifically constitutes the general terms such as national security.
Coverage Telecommunications Sector

MYANMAR

Since April 2004, last amended in February 2021

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Electronic Transactions Law (The State Peace and Development Council Law No. 5/2004) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေ)
Art. 4 of the Electronic Transactions Law allows the Government to obtain personal data for purposes related to the stability, tranquillity, and national security of the State. The regulation fails to specify what information constitutes the general terms, such as national security.
Coverage Horizontal

MYANMAR

Since March 2017, suspended since February 2021

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law Protecting the Privacy and Security of Citizens (Union Parliament Law 5/2017)
Section 8 of the Law Protecting the Privacy and Security of Citizens, suspended in light of the state of emergency in Myanmar, enables public authorities or law enforcement to access personal data held by private organisations. It prohibits the interception of personal communications without a warrant, but it contains a vague exception allowing surveillance if permission is granted by the president or a government body.
Coverage Horizontal

MYANMAR

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Myanmar has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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