Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice provides that the exercise of the above rights and entitlements shall not harm public security, incite hatred or conflict among ethnic groups, religions, or communities, or unjustly damage the dignity or reputation of an individual or organisation through false means. While the prohibition on hate speech in this provision is in line with international standards and constitutes a legitimate restriction, the phrase “conflict among communities” has a weakness due to its broad interpretation, as it can also imply political disagreement as “conflict”. In addition, the prohibition against “unjustly damaging the dignity or reputation of an individual or organisation through false means” poses a significant obstacle to freedom of expression and media freedom. For example, when an organisation’s misconduct or corruption is exposed, that organisation may claim that its reputation has been harmed. The major risk here lies in the absence of clear criteria for determining what constitutes “false means.” The term “public security” lacks precision and is overly broad. While protecting dignity and reputation is necessary, restricting political criticism in the name of those values is not a necessary prohibition in a democratic society. Although freedom of expression is formally recognised at the legal level, it remains difficult to conclude that the framework fully complies with international standards. 5.3.2 Restricting Freedom of Expression through Security Justification The final part of the chapter on Fundamental Rights, Entitlements, and Duties in the Sagaing Federal Unit Interim Constitution contains a restriction based on “public security.” In practice, this provision has become a primary weapon for restricting freedom of expression. In conflict-intense areas such as the Sagaing Region, on-the-ground security conditions determine the scope of freedom of expression rather than legal frameworks. A Sagaing-based journalist who participated in the research interviews described this reality based on his personal experience. “In cases like the ‘Anyar Dubai’19 article, there were claims on the ground that airstrikes happened after that article was published. At hospitals in the 19 https://burma.irrawaddy.com/article/2025/02/22/397718.html 22

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