8/21/22, 10:24 PM Nationalists Subject Journalist to Devastating Legal Ordeal Considerable attention has been paid in the press to the use of Article 66(d) of the Telecommunications Law—which prescribes jail terms for those found guilty of using the media to defame someone—by lawmakers and the Army against their critics. Despite a recent reform of the law, defamation cases under the controversial legislation have actually increased under the current government. Less often talked about is the use of the law by ultranationalist monks and their supporters to silence journalists. Few cases illustrate that effort better than Ko Swe Win’s. After Muslim lawyer U Ko Ni, a legal adviser to the NLD, was gunned down in January 2017, U Wirathu publicly praised Kyi Lin, who shot U Ko Ni dead in broad daylight at Yangon International Airport, and his conspirators. Myanmar Now published an article accusing U Wirathu of committing a grave sin by cheering on the perpetrators, saying he had essentially nullified his status as a monk. Ko Swe Win shared the article on his Facebook account. In response, a follower of U Wirathu, Mandalay-based nationalist Kyaw Myo Shwe, opened a case against Ko Swe Win under the Telecommunications Law at Mahar Aung Myay Mandalay Police Station. Four months later, on July 30, 2017, in an apparent breach of standard police procedure, Mandalay police arrested the Myanmar Now editor at Yangon airport as he was preparing to travel abroad. The following day, he was granted bail after signing a note in front of the judge promising to appear in court for every hearing in the case. Since then, Ko Swe Win has become all too familiar with the route from Yangon to Mandalay. Time consuming, costly ordeal Each round trip costs Ko Swe Win more than 500,000 kyats (about US$330). His total expenses so far including lawyers’ fees and contracts, exceed 25 million kyats (about US$16,415). He had previously hired several lawyers and legal advisers but parted ways with them as he was unsatisfied with their performance. Currently, he has contracted with lawyer U Thein Aung, who is also an Upper House lawmaker for the NLD. The lawyer’s rate was set at 6 million kyats (nearly US$4,000). Lawyer Daw Ywet Nu Aung, who is part of the same legal team, has been assigned as Ko Swe Win’s defense lawyer.  Plaintiff Kyaw Myo Shwe arrives at Mandalay’s Maha Aung May Court in a wheelchair in February 2018. / Zaw Zaw / The Irrawaddy https://www.irrawaddy.com/features/nationalists-subject-journalist-devastating-legal-ordeal.html 2/5