The new Myanmar is looking a lot like the old one

It was once the feared weapon of a military junta, ruthlessly deployed to restrict Myanmar's nascent Internet and throw journalists, students, monks and other political opponents behind bars.

The junta is gone, but the Electronic Transactions Law and other draconian legislation remain on Myanmar's books. Attempts to revamp them are stirring debate over the reformist credentials of the semi-civilian government that took power in 2011 and how far it will loosen tough state controls.

Other junta-era laws have been scrapped or amended, only to be replaced by contentious alternatives that rights advocates regard as a threat to the emergence of a free media and civil society after nearly 50 years of dictatorship.

Myanmar's former military junta imposed the Electronic Transactions Act in 2004 to counter the growing influence of the Internet, which had been introduced to Myanmar a few years earlier. Offenders can be jailed for up to 15 years for sending an e-mail containing information deemed detrimental to the nation's security, economy, culture or "peace and tranquillity."

In January, a motion to abolish the law was rejected by the lower house of parliament, which is packed with active and former military officers. A revised motion to amend the law, replacing its long prison terms with shorter ones or fines, will be debated when parliament resumes in October.

Members of the drafting committee claim the law was being changed to focus on less contentious objectives such as supporting e-commerce and fighting cyber crime and credit card fraud.

"The existing law is concerned with the power and stability of the previous regime to detain those who opposed them," said one committee member, who declined to be identified as he is not authorised to speak to media. "We are changing the aims and objectives."

Prominent victims of these laws say the new draft version which they have seen contains language that would still allow the government to target activists in Myanmar.

"The proposed amendments are not much different from the original law," said Ko Ko Gyi, 52, a former political prisoner sentenced to 65 years in jail after leading anti-government protests in 2007. His term included four 15-year sentences under the Electronic Transactions Law. Aung Thein, a veteran lawyer who has represented Nobel Peace Prize winner Aung San Suu Kyi and other celebrated democrats, said the law was an unwanted remnant of a dark past.

"There was a time when we had to apply for a licence to own a radio," he said. "Now things have changed a lot in telecommunications and electronic technology. I don't think this law should exist."

Even if its penalties were amended, the law would remain vague and arbitrary, he said.

Also causing outrage is a draft law on associations made public in July, which activists say could give the government arbitrary powers to crack down on any groups it does not like. If passed, the law would require domestic and international non-governmental organisations to register with the government. Members of organisations that fail to register can be imprisoned for up to three years.

The law would be "a serious setback for the development of a strong and vibrant civil society," Tomas Ojea Quintana, the UN special rapporteur on human rights in Myanmar, said in an statement on August 21.

The government is taking some criticism on board, said Nay Phone Latt, a blogger who spent 4 years in prison under the Electronic Transactions Law and is now executive director of Myanmar ICT for Development Organization, which promotes internet access and freedom.

He said members of the committee drafting the new associations law met last month with civil society delegates in the capital, Naypyitaw. "After our discussion, they will make amendments so the government cannot silence civil society organizations."

Myanmar's President, Thein Sein, is a retired general and many of his ministers were high-ranking members of the old junta. Last year, his government won international plaudits for abolishing strict censorship of newspapers and magazines.

But a new Printing and Publishing Enterprises Law, already passed by parliament, has been criticised by Myanmar's journalists. Thiha Saw, editor of the English-language Myanma Freedom Daily, said the revised law differed little from the original one, introduced after the military seized power in 1962. "Most journalists hate it," he said.

Unfortunately for journalists, draconian laws seeking to police dissent on the internet are not unique to Myanmar. Many Southeast Asian governments already impose severe restrictions on the Internet and freedoms of speech and association.

In Vietnam, a decree took effect this month that makes it a crime to share news via blogs and social networks. Reporters Without Borders, which says 35 bloggers and internet activists languish in Vietnam's jails, called it "nonsensical and extremely dangerous."

Thailand has prosecuted hundreds of people under strict laws governing cyber-crime and the monarchy while in Malaysia last year, bloggers and opposition politicians staged a one-day "internet blackout" to protest against a law they said threatened online expression.

Singapore also enforces tough controls on the Internet, introducing this year new regulations on websites that regularly report on the city state, sparking debate over whether the measure was a new attempt to stifle online criticism of the government.

The current debate in the new democratising Myanmar raises fears that draconian attitudes can continue to survive in new laws.

Source: http://www.news.myanmaronlinecentre.com/2013/09/08/the-new-myanmar-is-looking-a-lot-like-the-old-one/