Several observers stated that gender-based differences in decisions made by the
military, police, prosecutors, and judges were not only due to subconsciously entrenched
discriminatory social attitudes and behaviors, but also to overt and explicit misogyny
intended to punish and censor women.
Gender Differences in Being Charged, Released and Convicted
Women
Men
Released without being charged
19%
33%
Charged after being detained
65%
60%
Released before conviction
35%
54%
Convicted
50%
37%
LOWER SENTENCES
Some gender-based differences in detentions favored women journalists to their
benefit. In most convictions, the judge handed down a sentence that was the maximum
allowable under the law and was therefore awarded regardless of gender. Most women
journalists, like most men, were convicted under Article 505A of the Penal Code (1861)
and sentenced to three years imprisonment. However, a small minority of men were
convicted under more punitive laws and given extremely disproportionate sentences
of 10 to 20 years imprisonment. As a result, men received longer average sentences of
5.9 years each compared to a slightly lesser – but still significant – 4.9 years for women.
Women journalists likely faced other gender-based violations of their rights to freedom
of expression and association that were not revealed in the case database, have not
been adequately investigated elsewhere, and warrant further investigation. For
example, although there is no hard data to date, it is reasonable to surmise that women
journalists may have endured higher rates of systematic sexual violence and the threat
of sexual violence while under interrogation. They likely experienced gender-based
discrimination from their employers, families, and communities. Women journalists
may also have experienced different gender-based repercussions of seemingly genderneutral violations. For example, detained women were more likely to face social stigma
or “victim-blaming” for working in a role outside of traditional perceptions and
stereotypes on the role and status of women in society.51
51 Free Expression Myanmar (2019), “Daring to defy Myanmar’s patriarchy”.
Assessing Detentions of Journalists in Myanmar, Feb. 2021 to Feb. 2025
18