Myanmar enforces cybersecurity law effective January 1

THURSDAY, JANUARY 02, 2025

Reports state that the cybersecurity law, enacted on January 1, includes measures targeting unauthorized online gambling systems, VPN establishment, and VPN service provision.

The cybersecurity law will come into force on the date specified by the President through a notification.

It is said that one has the right to be judged if one commits offences domestically or under cyber law or on any vessel or aircraft registered under any existing law of the State or within the national cyberspace or in any other cyberspace connected to the national cyberspace.

In addition, if an expatriate Myanmar citizen commits a crime punishable under the cyber law, it will be prosecuted under the cyber law.

Also, it is said that the cyber law is being enacted to use cyber resources, critical information infrastructures and electronic information securely, to protect the sovereignty and stability of the nation from cyber security threats using electronic technologies, cyber-attacks or cyber misuse, to systematically develop cyber security services, to effectively investigate and take action against cybercrimes and to support the digital economic system based on cyber resources.

Anyone who establishes a VPN or provides VPN services without obtaining the permission of the ministry shall be imprisoned for a minimum of one month to a maximum of six months or a fine of at least one million kyats to a maximum of ten million kyats, and a addition to imposing both fines, it is stipulated that the identification materials related to the case must be kept as a national treasure, and if the perpetrator is a company or organization, the company or organization must be fined not less than ten million kyats, and the identification materials related to the case must be kept as a national treasure.

Likewise, anyone who establishes an online gambling system without permission will be imprisoned for a minimum of six months to a maximum of one year or a fine of at least five million kyats to a maximum of twenty million kyats, or both fines shall be imposed, and the items related to the case shall be confiscated as a national treasure. If the perpetrator is a company or organization, the company or organization shall be fined not less than twenty million kyats, and the evidence related to the case shall be confiscated as national treasure.

Likewise, if one is convicted of the electronic dissemination distribution copying or selling of information inappropriate for public viewing by anyone, he or she will be imprisoned for a minimum of one month to a maximum of six months or a fine of at least one million kyats to a maximum of ten million kyats, or both punishments will be imposed.

The cyber​security law also stipulates that anyone found guilty of using a cyber resource to steal or destroy another person's online currency by dishonestly using a cyber resource or forcing another person to do so shall be imprisoned for a minimum of two years to a maximum of seven years and may also be fined.

Under cyber law, if any person convicted of tampering destruction stealing or damaging electronic information of critical information infrastructure without authorization or unlawful delivering, roaming, distribution and disclosure committing or attempting to commit the modification or alteration, he or she shall be imprisoned for a minimum of six months and a maximum of three years or a fine of at least five million kyats to a maximum of twenty million kyats, or both punishments will be imposed.

Similarly, anyone who conducts cyber security services without a license shall be imprisoned for a minimum of one month to a maximum of six months or a fine of at least one million kyats to a maximum of ten million kyats, or both fines shall be imposed, and the evidence related to the case shall be confiscated as a national treasure. If the perpetrator is a company or organization, the company or organization shall be fined not less than ten million kyats, and the evidence related to the case shall be confiscated as national treasure.

In addition to this, if anyone is convicted of continuing to provide cyber security services without a license renewal, that person shall be fined a minimum of one million kyats and a maximum of five million kyats. If a digital platform service operator with 100,000 users or above in the country is convicted of operating without registration, it shall be fined at least 100 million kyats, and the relevant evidence shall be kept as a national treasure.

The law states that if anyone is found guilty of continuing to operate digital platform services without renewing their registration, they will be fined not less than fifty million kyats.

It is stipulated that any person convicted of any form of cyber-misuse of computer programs shall be imprisoned for a minimum of six months and a maximum of two years or a fine of at least one million kyats to a maximum of ten million kyats, or both punishments and imprisonment for a minimum of one year to a maximum of three years, or a fine of at least five million kyats to a maximum of twenty million kyats, or both punishments must be imposed.

According to the cybersecurity law, if any person convicted acts in a way that can damage the cyber resource or install or access malware, making it impossible for the person who has the right to access the cyber resource to enter the system or destroy information in cyber resources, exclusion or altering or changing its usefulness or effect or stealing to damage the source codes in the computer or make it impossible to use or destruction or changing or using cyber resources to defraud, use electronic information to harm or discredit another person or repair or change or otherwise distribute the information or send unsolicited messages, e-mail and information using the network or forcing another person to do it, he or she shall be imprisoned for a minimum of one year and a maximum of two years or a fine of at least five million kyats to a maximum of twenty million kyats, or both punishments will be imposed.

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