Impact on Internet Freedoms
3c. Persecution and Harassment of Users
In Myanmar, criminalisation of internet users is the norm, committed through overly-broad provisions under
the Penal Code (Section 505), Telecommunications Law (Section 66d), and amendment to the Electronic
Transactions Law (Section 38c) which legalises criminal defamation. Online criticism of government
officials and the sharing or publishing of content on social media qualifies as criminal defamation. In 2019
alone, according to the Freedom House’s Freedom on the Net Report, there were more than 49 criminal
cases brought forward under the Telecommunications Law and 37 cases under the Law Protecting the
Privacy and Security of Citizens. In total, hundreds of cases were brought forward against social media
users (Freedom House, 2021).
Journalists fared no better during the COVID-19 pandemic. Aung Ko Ko of Eleven Media Group was initially
prosecuted under Section 27 of the Natural Disaster Management Law, before the charge was withdrawn
and he was re-charged under the Telecommunications Law (Eleven Media Group, 2020). It is believed that
the reason behind this was his remark on Facebook, suggesting the Ministry of Health had underreported
and delayed press releases related to the COVID-19 pandemic in Myanmar.
Following the 2021 military coup, the military used Section 505(a) of the country’s Penal Code on an
unprecedented scale to criminalise ordinary people, protesters, critics and even celebrities who openly
voiced their opinions against the regime. Those who engaged in protests against the coup, showed
support to the CDM or the Committee Representing Pyidaungsu Hluttaw (CRPH) and encouraged labour
strikes, especially over social media platforms, were also persecuted. ‘Doxing’ - the action of finding or
publishing personal information about someone on the internet without their permission, especially in a
way that reveals their name or address - ensued. The military listed photos with hometown names and
Facebook pages of actors, musicians and social media influencers charged with violating Section 505(a) of
the Penal Code for “spreading news to affect state stability”; this information was also published in local
government controlled media. It was reported such individuals were charged under Section 505(a) for the
content on their social media accounts (The Sydney Morning Herald, 2021). As of 29 April, those who were
subjected to this public shaming tactic totalled 737 individuals.11
Control Tactics
Harassment of journalists
Silencing of prominent personalities
Disinformation campaigns
Closure of media outlets and
detention of journalists has become
common place in Myanmar.
Under the cover of "fighting fake
news", social media accounts have
been closed and banned.
Negative harrasment campaign have
been undertaken against critics.
Personalities targeted by the Tatmadaw's public shaming tactics included Paing Takhon and Han Lay. On
8 April, Takhon, a model and actor, was arrested at his mother’s home in Yangon. His social media
accounts on Facebook and Instagram, with more than a million followers, were also deleted. Before the
arrest he had been actively participating in anti-coup protests and supporting the ousted leader Aung San
Suu Kyi and the NLD through his online posts. During the Miss Grand International beauty contest in April
in Bangkok, Miss Grand Myanmar Han Lay, a psychology graduate of the University of Yangon, took to the
stage to speak up against the military junta and plead for the international community’s support for her
countrymen's struggle against the military regime.
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11 Compilation from the Twitter of @KhurtaiMaisoong, 2021, from 1st February to 29 April 2021, which recorded the
announcement published in the Global New Light of Myanmar news outlet.