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

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