Legal definitions

At least four laws in Myanmar have conflicting definitions for “child” (males under 18, females under 14; a person under 15) and “minor” (person under 18; person under 15), but the more recent Child Rights Law of 2019 defines a child as a person who has not attained the age of 18 years.

While exact terminology differs, laws in Myanmar include definitions for crimes related to child sexual exploitation, child sexual abuse, child pornography or CSAM, enticement or grooming, and sextortion.

Existing Myanmar laws do not explicitly define the legal age of consent for sexual activity, but the Penal Code implies that females under 15 years of age cannot consent to sexual activity. There are no laws similarly addressing the age of consent for males.

Regulatory requirements/recommendations

Online platforms are not required to proactively screen or moderate content, report or remove child sexual exploitation content, or use humans or any specific technology to moderate content. Draft legislation addressing these issues has been proposed.

Age verification requirements/recommendations

Online platforms are not required to implement any method to verify the age of a user before allowing access to their services.

Parental consent requirements/recommendations

Online platforms are not required to obtain parental consent before a child uses their services.

Legal remedies for child victims

A child victim can report—and the government is obligated to investigate—violations of the child’s rights (including through various forms of online child sexual exploitation). The relevant government agency or court can require an online platform to stop the publication of CSAM. A child victim may also seek court-ordered financial compensation and access to government support to address physical and mental harm resulting from a crime.

"Safety by Design" requirements

Online platforms are not required to incorporate “Safety by Design” in their systems.