Analysis: Current Landscape of Hate Speech in Myanmar trends of targeting those who speak out and the resulting chill on speech has made it much more difficult to combat hate speech. Hate speech by state and non-state actors and a crackdown on dissent more broadly has made it harder for HRDs to carry out their work generally, including as it relates to hate speech.460 They reported obstacles including increased risks, physical violence, and threats to their security.461 Furthermore, there has been a pattern of cracking down on legitimate expression that questions or challenges key government and military policies.462 The Myanmar government’s corresponding failure to hold ultranationalist groups accountable for perpetuating hate speech has led to increased risk and obstacles for both targeted communities and their supporters. While groups like 969 and Ma Ba Tha have been permitted to disseminate their messages of hate and operate with impunity, CSOs and HRDs that speak out on behalf of ethnic and religious minority communities have been regularly threatened by ultranationalists.463 A Weaponization of the Law to Suppress Dissent The Myanmar authorities have effectively mobilized the law to suppress dissent. The government, military, and judiciary have all played a role. At times, the law has been used actively against artists, civil society, journalists, and political opponents. At other times, it has been the lack of enforcement of laws or lenient sentences against those aligned with the authorities that stands out. The selective use of the law has been wide ranging, and its effects have diminished civil society space generally as well as efforts to combat hate speech. Domestic Laws Currently in Effect and Constraining Freedom of Expression „„ Constitution of the Republic of the Union of Myanmar 2008, Article 354(a) and 348 „„ Legislation „„ 1860 Penal Code, Section 124A (sedition), 153A (promoting enmity), 295A and 298 (insulting religion), 499-500 (defamation), and 505 (incitement) „„ 1996 Computer Science Development Law, Section 35(a) „„ 2004 Electronic Transactions Act, Section 33(a), 34(d) „„ 2013 Telecommunications Law, Section 66(d), 68(a) „„ 2014 Printing and Publishing Law, Section 8(a), 8(b) „„ 2014 News Media Law, Sections 9(g), 13(a), 25 „„ 2016 Peaceful Assembly and Peaceful Procession Law, Section 10 „„ 2017 Amendment of the Telecommunications Law „„ 1923 Official Secrets Act „„ 1908 Unlawful Associations Act 460 461 462 463 See Human Rights Watch, Dashed Hopes: The Criminalization of Peaceful Expression in Myanmar (2019). Ibid.; FGD (December 2019). Ibid. Human Rights Watch, “Myanmar: Surge in Arrests for Critical Speech,” April 29, 2019, https://www.hrw.org/ news/2019/04/26/myanmar-surge-arrests-critical-speech. 73