Facebook defamers shall be punished with imprisonment and fine

Reported by Min Thiha Zaw+Hein Min Latt Translated by Aung Khin+MYA

While social networking website Facebook has attracted many users across the world, some persons are defaming other people and organizations which they regarded as their opponents.

Such defamers who spread news to insult other persons through Facebook may be prosecuted with the Electronic Transactions Law. If they were found guilty, they would be sentenced five year imprisonment and fine.

Acts of defamation through the Facebook included uploading photos and writing notes on the website without approval of person concerned to lower the dignity of others by making accusation, giving some remarks intended to defame opposite persons and business firms.

Some people thought that the acts of insult can only be prosecuted with defamation. As there are 10 amendments in this law, and the sentence for this case is only two years imprisonment, some people are not afraid of this law. So they assume that there are now laws to take action against defamation on Facebook. To solve the problems caused by widely use of Internet in Myanmar, the Electronic Transactions Law was enacted in Myanmar in 2004. As there are only little number of case charged with this law, it is not well-known in Myanmar, said a pleader.

Facebook is being used to relieve ones feelings, to discuss any topic and to chat with one another. Taking advantages of this social networking website, some black sheep are using it for personal defamation of others. Such person should be aware of the Electronic Transactions Law, the lawyer continued.

The Electronic Transactions Laws section No.34 states that whoever commits any of the following acts shall, on conviction be punished with imprisonment for a term which may extend to 5 years or with fine or with both: (d) creating, modifying or altering of information or distributing of information created, modified or altered by electronic technology to be detrimental to the interest of or to lower the dignity of any organization or any person.

According to the Electronic Transactions Law, information includes data, text, image, sound,

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Facebook defamers shall be punished with imprisonment and fine

Reported by Min Thiha Zaw+Hein Min Latt Translated by Aung Khin+MYA

code, computer program, software and databases.

This Law shall apply to any person who commits any offence actionable under this Law within the country or from inside of the country to outside of the country, or from outside of the country to inside of the country by making use of the electronic transactions technology.

The Electronic Transactions Law is more effective in the prosecution for defamation on Facebook, rather than section No. 500 under the Penal Code. Punishment is also more severe in the Electronic Transactions Law than section No. 500. Electronic Transactions Laws section No.34 (d) states that whoever commits any of the following acts shall, on conviction be punished with imprisonment for a term which may extend to 5 years or with fine or with both. Depending on the extent of offense, the offender shall, on conviction be punished with 5 years imprisonment or with fine. Amount of fine depends on the decision of relevant court, said a consultant lawyer of a company. Victims of Facebook defamation can also file a civil suit at the court to ask for compensation. Victims can again file case through the Civil Law even after the offender was sentenced under the Electronic Transaction Law for compensation.

In prosecuting under the Electronic Transactions Law, prior sanction of the Central Body shall be obtained. Any offence contained in this Law is cognizable by the Myanmar Police Force.

Moreover, the Control Board shall exercise and carry out the following function and powers: (i) under the guidance of the Central Body having access to and inspecting and checking the operation of any computer system and any associated apparatus or material which it has reasonable cause to suspect is or has been in use in connection with any offence under this Law.

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