4 4.1 terms of imprisonment solely for the peaceful expression of their views. Article 5(e) provides for a maximum sentence of seven years for spreading “false news”, which is not sufficiently defined as required under international human rights standards to provide sufficient certainty. Article 5(j) provides for the same sentence for disrupting “the morality or behaviour” or “the security or the reconstruction of the stability of the union”, also not sufficiently defined. International human rights standards require that all criminal laws are precise, so that people understand what conduct is prohibited, and can govern their conduct accordingly. Use of vague laws is open to abuse through criminalising conduct that is not understood as criminal before the event. Although the 1950 Emergency Provisions are currently used less frequently, they remain in force. The 1908 Unlawful Associations Act has also often been used in the past to imprison peaceful critics of the Government (see Chapter 2 for details). The 1923 Official Secrets Act has been used to sentence peaceful critics of the Government, sometimes along with other laws criminalising the rights to freedom of expression and association. Article 3 provides for 3 to 14 years’ imprisonment “(1) If any person for any purpose prejudicial to the safety or interests of the State…” obtains or communicates information which might be useful to an enemy. “The interests of the state” is too broad and allows for the imprisonment of people with information that is not in fact a threat to the security of the State. Other provisions of the law provide for 2 years’ imprisonment for anyone who receives, possesses or passes on official information deemed to be secret (Section 5). 259 In July 2014 five journalists from the weekly journal Unity were sentenced to 10 years, later reduced to 7 years, under the provisions of the Official Secrets Act, for a story on an alleged suspected military chemical weapons plant on seized land. 260 Chapter XXI of the 1861 Penal Code, which derives from the British colonial era, provides for punishments of up to two years’ imprisonment and/or a fine for defamation. Chapter VII(B), 130(B) provides for punishments for libel against foreign powers. 261 In December 2013 a journalist from Eleven Media was sentenced to three months’ imprisonment on charges of trespass, abusive language, and defamation for reporting on a corruption case involving a local lawyer in Loikaw, Kayah State. 262 In March 2015 two journalists from the Myanmar Post were sentenced to two month’s imprisonment each on charges of defamation against a military MP in the Mon State Parliament. 263 Section 505(b) of the Penal Code is currently one of the most commonly used provisions to arrest and sentence people, often along with other laws, for peacefully expressing their views. In October 2014 two activists from the community-based Movement for Democracy Current Force were sentenced to two years’ imprisonment under Section 505(b) in reference to a letter written about the need for an election of an interim government. Section 505(b) provides for imprisonment for anyone making, publishing or 259 Amnesty International “Myanmar: Justice on Trial” (July 2003) pg 28-33. Human Rights Watch, “World Report” (2015). 261 Myanmar Penal Code 1861 262 Human Rights Watch “Burma: Repression Marks Press Freedom Day” (3 May 2014). 263 The Irrawaddy “Journalists Handed 2-Month Prison Sentences on Defamation Charge” (18 March 2015). 260 132 PAGE CHAPTER 4.1: FREEDOM OF EXPRESSION