years’ imprisonment for membership of, participation in, or contributions to an unlawful association. Since 2015, the Act has been routinely used to target those working in conflict-affected areas. 13. The Official Secrets Act prohibits access to or possession of a broad range of government information, even when there is no proof of intent to harm the state or a risk of harm from the access. The law, which is highly relevant to journalists, academics, and the general public, contains severe penalties. It is often cited as a major threat for both freedom of expression and information, 12 yet there have been no attempts to amend the Act since the 2015 UPR. 14. Recommendation • Fully respect and ensure the right to freedom of expression, online and offline, including by committing to the urgent repeal of sections 66(d) and 68(a) of the Telecommunications Law, section 34(d) of the Electronic Transactions Law, and section 8(f) of the Law Protecting the Privacy and Security of Citizens, and to the repeal or amendment in line with international law of the Official Secrets Act, the Unlawful Associations Act, and sections 124A, 153, 295A, 499500, and 505 of the Penal Code. Prosecution of journalists, human rights defenders, and others exercising their right to freedom of expression and information 15. During the 2015 UPR, Myanmar supported recommendations relating to reprisals against those exercising their rights to freedom of expression and to the release of political prisoners. 13 Myanmar noted recommendations relating to the release of political prisoners, prisoners of conscience, human rights defenders, and others who expressed dissenting viewpoints. 14 16. Prosecutions that impact freedom of expression under Myanmar’s laws have been on the rise during the UPR period. At the time of writing, 74 political prisoners remained behind bars with another 568 awaiting trial.15 As detailed in other sections of this report, prosecutions under sections 500 and 505 of the Penal Code, section 66(d) of the Telecommunications Act, and section 8(f) of the Law Protecting the Privacy and Security of Citizens Law have been particularly rampant. 17. A variety of institutions and individuals have used these repressive laws to silence those exercising their right to freedom of expression. The National League for Democracy (‘NLD’)-led government has initiated scores of suits against critics, frustrating hopes that the party, which took office during the UPR period, would usher in a new era for freedom of expression. 16 For example, in September 2018, former newspaper columnist Ngar Min Swe was sentenced to seven years in prison and fined 100,000 kyat in relation to Facebook posts critical of Aung San Suu Kyi. 17 18. During the UPR period, at least 32 cases affecting 63 individuals were filed under section 505 of the Penal Code. More than half of these prosecutions were initiated in 2019. 18 Subsections (a) and (b) were invoked most frequently. In May 2018, Aung Ko Htwe was sentenced to two years’ imprisonment under 12 See Centre for Law and Democracy, note 5. 143.99 (Italy) (supported). 14 143.65 (France)(supported); 144.65 (Germany) (noted); 144.66 (Greece) (noted); 144.67 (Spain) (noted); 144.68 (Czech Republic) (noted); 144.69 (United States of America) (noted); 144.70 (Croatia) (noted); 144.71 (Norway) (noted). 15 Assistance Association for Political Prisoners—Burma, February 2020, available at: https://aappb.org/. 16 See, e.g. Myanmar: UN Human Rights Council must act to secure key reforms ahead of 2020 elections’, February 2020, available at: https://www.article19.org/wp-content/uploads/2020/02/2020.02.23-HRC-Briefing-March-2020-final.pdf; ARTICLE 19, ‘Myanmar: UN HRC must maintain scrutiny on free expression situation’, 4 March 2019, available at: https://www.article19.org/wp-content/uploads/2019/03/2019.03.04-Myanmar-HRC40-briefing-UN-clean-1.pdf; ARTICLE 19, Myanmar: HRC must address deteriorating environment for free expression, 23 February 2018, available at: https://www.article19.org/resources/myanmar-hrc-must-address-deteriorating-environment-free-expression/. 17 Shoo Naing, ‘Myanmar arrests government critic under sedition law’, Reuters, 13 July 2018, available at: https://www.reuters.com/article/us-myanmar-critic-arrest/myanmar-arrests-government-critic-under-sedition-lawidUSKBN1K32A5; Toe Wai Aung, ‘Ngar Min Swe given 7 years for Facebook post’, Myanmar Times, 19 September 2018, available at: https://www.mmtimes.com/news/ngar-min-swe-given-7-years-facebook-post.html. 18 Athan data. See, Athan, ‘20 Situation of FoE in 2019, February 2020, available at: https://drive.google.com/file/d/1Zy1jQEUMtxf_WOskQe1DgLd6C40-xkcJ/view?fbclid=IwAR2t2SFCEfxn08MTlWhGVfaob30gTwjAHGylTY5d2OXJ8QBA-z5mEGjmDQ; Athan, ‘2019 Mid-year Report on Status of Freedom of Expression in Myanmar’, September 2019, available at: https://www.athanmyanmar.org/2019-mid-year-report/. 13 4