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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice When freedom of expression and the right to seek and disseminate information are restricted based on security grounds, it has been observed that such limitations are not imposed solely by local authorities; individuals also engage in self-censorship. A journalism trainer explained, “For example, even media outlets or individuals that are affiliated with or supported by an armed organisation may be allowed to follow that organisation and gather news. However, they are not free when it comes to writing. They may be free in the process of obtaining information, but they don’t have freedom in how they present it. In the end, it becomes a form of self-censorship.”38 A Karenni-based journalist explained, “There are rumours and fears among the public that if certain information becomes known, the military will carry out airstrikes. Because of these concerns, even when people know something, they do not dare to speak. Even when incidents occur, or reports are released without any information about locations, people remain silent out of fear for their own safety and for the possible impact on the area where they live.”39 A member of the Independent Myanmar Press Council explained, “Among some news audiences, there are individuals who support these armed groups. In such cases, there may be matters that these groups believe should be concealed, or information they want to keep entirely hidden. When such information is reported or exposed, not only the responsible authorities but also their supporters may use social media to suggest that certain media outlets, such as KIC or others, should be ‘dealt with’ in some way. We have encountered situations where, after a post is published, screenshots of the news outlet’s pages, especially Facebook pages, are shared as a way of encouraging action against us.”40 38 An expert on media affairs who participated in the interview A journalist from Karenni State 40 A member of Independent Myanmar Press Council who participated in the research interview 39 32

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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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Language

Burmese
English

Topic

Information Operation
Military Coup

Author(s)

Athan

Date Published: Feb 17, 2026

Abstract: he military coup of 1 February 2021 marked a major turning point in Myanmar’s political and legal history. The military’s seizure of power constituted a blatant violation of Articles 417 and 4181 of the 2008 Constitution, which was in force at the time, with those entrusted with safeguarding the law instead breaching it. Consequently, on 31 March 2021, the Committee Representing the Pyidaungsu Hluttaw (CRPH)2 formally declared the complete abolition of the 2008 Constitution through Announcement No. 2/2021.

This decision also legally invalidated the military regime’s narrative that the 2021 coup was carried out in accordance with the Constitution. However, it simultaneously created a constitutional vacuum at the national level, leaving Myanmar without a governing constitution. To prevent the collapse of the rule of law and administrative mechanisms, and to establish the legal legitimacy of the revolution, it became urgently necessary to fill this vacuum.

In response to this need, revolutionary forces that emerged following the military coup issued the Federal Democracy Charter (FDC) on 31 March 2021. The Charter assumed the character of an interim constitutional framework, replacing the 2008 Constitution and serving as the highest legal framework during the revolutionary period. From 2023 onwards, revolutionary territories across Myanmar also began drafting and promulgating their own interim political arrangements. These developments began with the Interim Arrangements for Karenni State, followed by the Chinland Constitution, the Sagaing Federal Unit Interim Constitution, and the Mandalay Region Interim Political Plan, respectively.

These interim constitutional frameworks not only filled the legal gap left by the abolition of the 2008 Constitution, but also served as a foundational basis for establishing the legitimacy of the revolutionary forces and for building a future federal state. In particular, they function as a social contract between those who govern and those who are governed, aimed at protecting citizens’ rights.

Douglass C. North, a Nobel Prize–winning institutional economist, argues in his institutional theory3 that the principles applied in establishing a state’s foundational institutions play a decisive role in shaping its future political order. Accordingly, it becomes essential to examine how freedom of expression—one of the fundamental requirements of a democratic system—is incorporated into these foundational frameworks and the extent to which it is guaranteed, as they can serve as the critical veins of future federal units.

This study is a comparative analysis of how freedom of expression is placed in the Federal Democracy Charter and the interim legal frameworks enacted by three key revolutionary areas—Karenni State, Sagaing Region, and Mandalay Region—that emerged following the collapse of the 2008 Constitution. It comparatively examines how freedom of expression is addressed in papers and how it is practiced on the ground. This study furthermore identifies gaps between legal provisions and practical implementation, security-based restrictions, and self-censorship among the public.

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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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