Laws and Policies 2b. Penal Code As a former colony, Myanmar inherited the 1861 Penal Code from the British Empire. Historically, the colonial government used the Penal Code to protect the Crown and the government from local uprisings. The intention of the law to shield the government from criticism and reputational damage was carried over into post-colonial Myanmar, and is used today to silence government critics, journalists and activists who voice criticism against public officials. Defamation is criminalised under Article 505 of Myanmar’s Penal Code (1861). The use of Article 505 has extended beyond print media to also target content on internet and social media platforms. Before the military coup in 2021, Article 505(a) was used when the subject of discussion or criticisms were Tatmadaw officials. Table 1: Legal Regulations and Penalties in Myanmar (2011 - 2020) Regulation Penalties Penal Code - Criminal Defamation Article 505(a) Article 505(b) 1. Jail term up to 2 years and/ or an unspecified amount fine 2. Jail term up to 3 years Telecommunications Law I. Section 66 (d) II. Section 77 I. Jail term up to 3 years and/ or an unspecified amount fine II. Jail term up to 6 months and/ or an unspecified amount fine Cybersecurity Law Jail term up to 3 years and/ or a fine up to $USD 71,000 Law Protecting the Privacy and Security of Citizens Suspends the sections protecting citizens from abuse of power as long as the SAC is in power Electronic Transactions Law Introduces an exception allowing officials to confiscate personal data and prohibits sharing various types of information online Article 505(b) was used when the subjects of discussion or statements were public officials and politicians not affiliated with the military. Since the 2021 military coup, Article 505(a) has been amended to criminalise criticism against the military, both online and offline, and to dissuade military personnel from joining the civil disobedience movement (CDM). This was in response to increasing criticisms and uprisings against the Tatmadaw as the general public did not consent to the military takeover. 2bi. Article 505(a) As mentioned above, Article 505 of Myanmar’s Penal Code has been used by the past military and NLD governments to quell criticism, criminalise free speech, and disrupt the ability of journalists and HRDs to carry out their work. This worsened after 1 February military coup, when on 14 February the junta passed the State Administration Council Law No (5/2021) amending the Penal Code. In dissuading protesters from convincing security personnel to join the CDM and maintaining loyalty among the rank-and-file, Article 505(a) was revised to criminalise “any attempt to hinder, disturb, damage the motivation, discipline, health and conduct of the military personnel and government employees and cause their hatred, disobedience, or disloyalty toward the military and the government.” Seeking legitimacy to litigate against critical comments or reports, a new vaguely-worded sub-section was also added to criminalise “whoever causes fear to a group of citizens or to the public, spread false news, knowing or believing that it is untrue, or causes, or intends to commit or to agitate directly or indirectly, criminal offence against a Government employee, any kind of Government employees or Government employees”. Such offences could result in a three-year imprisonment. Drastic amendments to the Penal Code have been actualised by the junta, specifically Section 505(a), which criminalises comments that “cause fear,” spread “false news” or “[agitates] directly or indirectly, criminal offence against a government employee”. The ambiguity of the law has been a key tool for the Tatmadaw to suppress any resistance within the population with ostensive legality. 04 7