IT experts and entrepreneurs have proposed amendments to the telecommunications bill, which was made public last month.
During the conference at the MICTDC
Conference Hall in Yangon on Monday, Myanmar Computer Federation
president Khun Oo said the ICT sector can develop rapidly, but it can
also decline due to the new telecommunications law.
"According to Section 4 Article 7, every
telecommunications services will need a licence. Web development
businesses, e-Commerce businesses, and individuals who want to sell
their applications will also need licences. So, (the law) needs to
separate and identify the services that need licences and those that do
not need licences as it can harm freedom of creation and small-sized
enterprises," Ye Yint Win, president of Myanmar Computer Professionals
Association, said.
“If Google doesn’t apply for a licence
after the bill is passed, Gmail will become an illegal mail service
provider. The bill should encourage competition,” said Chaw Khin Khin of
MCC Groups.
Min Zayyar Hlaing, president of Myanmar
Computer Industry Association, suggested amendments to Article 64, as
the provision prohibits individuals without licenses from using an
electronic apparatus. Under Article 64, “anyone who possesses or uses an
electronic apparatus without licence shall be sued and punished up to
three years in prison or pay a fine or both if his or her act is found
guilty”.
He also criticised the bill for placing the regulating body under the control of the ministry.
"Like with the intended volume-based
(internet rate) charging plan--if the ministry is setting the rates of
the services and companies, it can deter competition (in the
telecommunications sector) and the services provided to the consumers,"
explained Nay Phone Latt, executive director of Myanmar ICT for
Development Organisation.
Aung Soe Thar, executive member of
Myanmar Computer Federation, also urged that regulators must stay
independent. A provision states that a ministry official is in charge of
fixing prices for services.
All in all, the participants saw the telecommunications bill as harsh and stringent, and that it hinders freedom of expression.
Nay Phone called for detailed and clear
definitions in terms of words such as “national security”, “rule of law
and stability”, “national solidarity”, and "accepting or transmitting or
receiving or communicating or distributing or sharing of wrong
information".
Anyone who violates the law can be
punished with imprisonment of seven to 17 years, he said, and this
affects the freedom of speech and expression.
Myanmar has enacted a number of laws,
including the Myanmar Telegraph Act (1885), the Myanmar Wireless
Telegraphy Act (1943), the Computer Science Development Law (1996), and
the Electronic Transactions Law (2004).
Should the new bill be passed into law,
the Myanmar Telegraph Act (1885) and the Myanmar Wireless Telegraphy Act
(1943) will be cancelled. The Computer Science Development Law (1996)
and the Electronic Transactions Law (2004), however, will remain.
The conference was attended by Lower
House Deputy Speaker Nanda Kyaw Swar, legal advisors, officials from
various computer associations, IT experts and entrepreneurs.
source: Eleven Myanmar
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