5/24/22, 8:02 PM 66(d): The defamation menace | Frontier Myanmar “Myanmar’s criminal defamation complaints severely curtail the exercise of the right to freedom of opinion and expression,” the ICJ wrote in a November 2015 briefing paper. It also noted that Myanmar’s laws on defamation were so broad or vague that they were hard to follow. “This undermines the rule of law as they are not formulated clearly and precisely to ensure that individuals can regulate their conduct accordingly,” it said. Aguirre told Frontier that section 66(d) “should either be extensively revised or scrapped. It does not conform to the principle of legality, it does not require intent despite potential application of criminal sanctions and, in any case, its provisions replicate existing laws rendering it superfluous.” However, the response locally – particularly among politicians – has been lukewarm. A 2015 survey by the International Federation for Human Rights of parties contesting that year’s general election found that only 26 percent wanted to abolish criminal defamation under section 499/500 of the Penal Code. Aung Kyi Nyunt insisted that criminal defamation was “necessary”. He suggested that the main updates required to the legal framework were the penalties for offences. “If the penalty is not up to date at the moment we can amend that. We can change the [length of the prison] sentence, for example,” he said. But activists and lawyers insist that more sweeping reforms are needed. Kyi Myint said that laws with sections like 66(d) were simply not compatible with democracy because they were so vague that they could easily be applied against political opponents. “As long as these laws exist, nobody can safely use the internet and criticise the government or military…. Dictators who don’t believe in rule of law and just want to protect their own interests and authority use elastic laws like 66(d) – we need to amend them, or scrap them completely.” Top photo: Kachin activist Patrick Khum Jaa Lee was one of the first high-profile arrests made under 66(d) of the Telecommunications Law. He was detained in October 2015 for allegedly defaming Senior General Min Aung Hlaing. (Steve Tickner / Frontier) More stories Torture rife in Myanmar’s prisons Political prisoners released from Myanmar’s jails speak of widespread use of torture by security forces, including death threats, sexual assault and psychological torture. Related stories https://www.frontiermyanmar.net/en/66d-the-defamation-menace/ 7/10