Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Case of Peacock Generation Thangyat group
In April 2019, members of the Peacock Generation (Daungdoh Myoset)
thangyat group – a performance art group that does traditional slam
poetry – were charged under section 66(d) and section 505(a) of the
Penal Code after Lt. Col. Than Tun Myint of Yangon Regional Command
filed a complaint against them for alleged defamation of the military
following a satirical arts performance which the group had live-streamed
on Facebook.142
In October 2019, a court in Yangon’s Mayangone township sentenced
Kay Khine Tun, Zayar Lwin, Paing Ye Thu, Paing Phyo Min, and Zaw Lin
Htut each to one year in prison with hard labour for violation of section
505(a) of the Penal Code.
143
They had been held in pre-trial detention
since April when they were denied bail.144
In November 2019, a court in Yangon’s Botataung township sentenced the
same five and a sixth member, Su Yadanar Myint, to a year in prison for
violation of section 505(a) of the Penal Code, increasing the imprisonment
term of the earlier five to two years.145
Zayar Lwin, Paing Ye Thu and Paing Phyo Min face further charges under
505(a) in three other township courts, in apparent violation of the fair
trial principle of non bis in idem,146and all six members along with a
seventh, Nyein Chan Soe, face charges under section 66(d) for alleged
defamation of the military.147
142 Htet Arkar, Roseanne Gerin, ‘Myanmar Satire Troupe Denied Bail, Remanded to Insein Prison For
Lampooning Military’, Radio Free Asia, 22 April 2019, Available at: https://www.rfa.org/english/
news/myanmar/myanmar-satire-troupe-denied-bail-04222019164338.html
143 Zaw Zaw Htwe, ‘Five Members of Performance Troupe Jailed for Satirizing Myanmar Military’,
The Irrawaddy, 30 October 2019, Available at: https://www.irrawaddy.com/news/burma/fivemembers-performance-troupe-jailed-satirizing-myanmar-military.html; Human Rights Watch,
‘Myanmar: Actors Convicted of Criticizing Army’, 31 October 2019 (‘HRW, 31 October 2019’),
Available at: https://www.hrw.org/news/2019/10/31/myanmar-actors-convicted-criticizing-army
144 Htet Arkar, Roseanne Gerin, ‘Myanmar Satire Troupe Denied Bail, Remanded to Insein Prison For
Lampooning Military’, Radio Free Asia, 22 April 2019, Available at: https://www.rfa.org/english/
news/myanmar/myanmar-satire-troupe-denied-bail-04222019164338.html
145 Human Rights Watch, ‘Myanmar: More Jail Time for Satirical Troupe’, 19 November 2019 (‘HRW, 19
November 2019’), Available at: https://www.hrw.org/news/2019/11/19/myanmar-more-jail-timesatirical-troupe
146 The fair trial principle of non bis in idem ensures that an individual who has been tried and
punished for an offence is not tried or punished for a second time in criminal proceedings in the
same jurisdiction.
147 HRW, 31 October 2019; HRW, 19 November 2019.
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