the Penal Code (1861) includes a maximum sentence of “life imprisonment” (a term
of 20 years) for exciting disaffection against the government, a vague provision that
violates the right to freedom of expression.
It is unclear whether the military made centralized decisions about whether to use
more or less severe provisions to charge journalists, or whether decisions were made
arbitrarily by prosecutors, police, or military officials. There was also no clear link
between the severity of the charge and the individual journalist or where they worked.
For example, journalists who faced long sentences under the Counter-Terrorism Law
(2014) came from different parts of the country, had different roles of varying seniority,
and worked for a diverse range of media outlets, including some who were freelance.
The law most commonly used against journalists changed during the period under
review. The military mostly used the colonial-era Penal Code (1861) in 2021. By 2022,
the military continued to use the Penal Code (1861) for most charges against journalists
(67%) but also started using the Counter-Terrorism Law (2014) (28%). Some civil society
observers believed that the military had “amended” the Counter-Terrorism Law (2014)
in 2021 to hand down longer prison terms to dissenters, including journalists, and
encourage an environment of self-censorship.35 However, this trend did not clearly
materialize in 2023 as the proportion of charges laid under the Counter-Terrorism Law
(2014) declined (11%). The military had shifted back to using the Penal Code (1861) (78%).
In 2024, the military shifted from using the Penal Code (1861) to using the CounterTerrorism Law (2014) against journalists. All eight convictions fell under the CounterTerrorism Law (2014). The only conviction in 2025 so far has been under the Penal Code
(1861).
35 Key informant interviews with three civil society leaders carried out on 30 September 2023.
Assessing Detentions of Journalists in Myanmar, Feb. 2021 to Feb. 2025
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