Analysis of Counter-Terrorism Law and Its Impact on Press Freedom
It has been twelve years since the Counter-Terrorism Law was passed by the Union Parliament on June 4, 2014, during the government led by U Thein Sein. It has been amended and ratified twice by the military junta on August 1, 2021, and September 26, 2024. The original purpose of this law was to guarantee the authority to target, monitor, and suppress protests against the military’s violent repression after the coup. This latest amendment also includes restrictions on prosecutions aimed at controlling media outlets reporting on violence perpetrated by the military junta. Since the amendment to the rules of this law, the military has targeted and prosecuted a large number of civilians, revolutionaries, activists, opposition political forces, and journalists.
Before the enactment of this Counter-Terrorism Law, the rights of press were already being violated under Section 17(1) of the Unlawful Associations Act even before the coup. It had been widely used to prosecute journalists reporting on ethnic armed groups, especially those in areas where they have not signed a Nationwide Ceasefire Agreement (NCA). This law had been used by the authorities as a weapon to suppress press freedom and freedom of expression, and there had been calls in parliament to amend or repeal it, however, this had not happened.
Instead of using the previously common Section 66(d) of the Telecommunications Law, Sections 124(a), 122, 505A of the Penal Code for defamation, and Section 17(1) of the Unlawful Associations Act, more action is being taken under the sections of the Counter-Terrorism Law according to the observations of Athan Organization. Since the coup, 26 journalists have been prosecuted under this law. If journalists violate media ethics in their work, they can be prosecuted under the Counter Terrorism Law, rather than enforcing the criminal penalties and sanctions under the relevant Media Law, is a blatant violation of media freedom. Despite journalists being arrested and imprisoned, the fact that the Myanmar Press Council (MPC) is being used by the military junta without standing up for the rights and grievances of journalists is also a huge blow to press freedom in Myanmar. The Athan Organization believes there is a need to investigate the nature of this law, which seriously threatens journalists’ right to information and freedom of expression, how this law is being misused and fair trial standards are being violated, and the cases in which journalists have been prosecuted. In this report, the study mainly focuses on the rights of journalists to access information and their legal protections, losses, and subsequent physical and psychological harm caused by the Counter-Terrorism Law.