limited protections against surveillance and the
interception of private messages.237
The Trademark Law, adopted in January 2019,
penalizes trademark infringement and
counterfeiting with up to three years’ imprisonment
and a fine of approximately 5 million kyat
($3,800).238 It was adopted alongside the Patent
Law and the Industrial Design Law, which also
include criminal sanctions for violations.239 In May
2019, a copyright law that includes prison terms of
up to three years for commercial copying without
consent was adopted.240 Each law applies to online
content and could be used against users.
The military was working on a revised hate speech
law and wanted to include punishment for
“political” hate speech in contradiction to
international human rights standards.241 The NLD
government had developed a series of drafts in
2017 which were criticized by civil society for being
punitive and failing to address Myanmar’s
significant problem of intolerance.242 The NLD
government in April 2020 issued a Directive on the
Prevention of Incitement to Hatred and Violence,
ordering officials to address the issue of hate
speech.243 The directive came in advance of a
reporting deadline set by the International Court of
Justice which is investigating genocide against the
Rohingya.
C3: အွန်လင
ိF း် လFပ်ေဆာင်မ,များအတွက် ြပည်သမ
N ျား အြပစ်ေပးြခင်း ခံရပါသလား။ (၀-၆ မ4တ)်
0 မ4တ ်
C3: Are individuals penalized for online activities? (0–6 points)
0
Score Change: The score declined from 1 to 0 because
military-controlled authorities and courts engaged in
arbitrary and disproportionate mass arrests,
including of internet users, and imposed extreme
sentences.
Internet users are frequently penalized in
Myanmar’s restrictive legal environment. Free
Expression Myanmar reported that almost 4,000
people were identifiably arrested, detained,
charged, or imprisoned under Articles 505 and
505A in the year since the coup; of those, 1,269
people remained in pretrial detention and 143
received prison terms as of February 2022. A
further 7,200 people were held on unknown
charges and may have been prosecuted under
Articles 505 and 505A.244 Many of these cases were
likely related to people’s online activities, though
specific numbers are difficult to establish due to the
collapse in due process, increased court secrecy, and
the removal of evidentiary requirements in trials.
The military-controlled government is one of the
world’s worst jailers of journalists.245 Between
February 2021 and March 2022, 122 journalists, all
of whom were affiliated with media outlets that
published online, were arrested according to
Detained Journalists Information Myanmar. As of
March 2022, another 48 were still detained, 22 had
received convictions,246 and 25 had warrants out for
their arrest.247 Since then, more have been
detained.248 The majority of imprisoned journalists
were detained, charged, or sentenced under Article
505A.249 Other penal code provisions have also been
used against journalists; for example, Tin Shwe, a
journalist for the news site Magway Post, received a
three-year prison term under Article 505(c) in
January 2022.250 Many journalists, like Ma Thuzar,
were penalized for covering anticoup protests.251
Journalists’ relatives were also targeted by the
military. For example, when journalist Htet Htet
Aung, who reported for the online outlet
Thingangyun Post, was detained, her 7-year-old
daughter was also imprisoned and questioned for
two days before being released.252
In July 2022, after the coverage period, the military
executed prominent activist Kyaw Min Yu, better
known as Ko Jimmy, alongside former lawmaker
and rapper Phyo Zeya Thaw and two others (see
C7). Kyaw Min Yu was arrested in October 2021,
after the military issued a warrant for his arrest in
် ပ်မ/ - ြမန်မာ2ိင
4 င
် ံ
Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတလ