REGULATING ONLINE PLATFORMS IN MYANMAR- OBLIGATIONS, IMMUNITIES, AND LEGAL REFORM

Abstract

This thesis examines the legal frameworks governing the regulation of online platforms in Myanmar, Indonesia, and the European Union, with particular emphasis on platform obligations, intermediary immunities, and liability for trademark infringement in digital marketplaces. The research aims to identify gaps in Myanmar’s current regulatory framework, analyze comparative legal approaches adopted in Indonesia and the European Union, and propose targeted legal reforms for Myanmar. The study focuses on written laws, regulatory instruments, and judicial decisions relating to intermediary liability and online platform regulation. Employing a comparative legal methodology, the research analyzes primary legal sources through the two-pillar framework of Notice-and-Takedown obligations and Safe Harbor immunity, examining how each jurisdiction balances regulatory obligations imposed on online platforms with conditional immunity from liability. The comparative analysis demonstrates that Myanmar’s current approach imposes takedown obligations on online platforms without providing corresponding safe harbor protections, thereby exposing compliant platforms to significant legal uncertainty and liability risks. Accordingly, the thesis argues for comprehensive legal reform to establish a more balanced and coherent framework for online platform regulation in Myanmar.

Keywords: E-commerce Platforms, Trademark Infringement, Intermediary Liability, Safe Harbor, Notice-and-Takedown, Myanmar, Indonesia, European Union, Digital Services Act