A/HRC/39/CRP.2 telecommunications network, and reduced the maximum sentence to two years imprisonment (from three). None of these punishable acts are defined, and some of the concepts are subjective, opening the door to abuse. Some of the acts, such as “disturbing” a person, would also not constitute a legitimate aim necessitating restriction in a democratic society. As mentioned in relation to sections 499-502 of the Penal Code, defamation should also not be criminalised. Article 66(d) has been described as “the most notorious symbol of the unsuitability of the legal framework, regularly appearing in the media and online as a tool to repress and punish those speaking truth to power”.2852 • Other similarly problematic laws include the Emergency Provisions Act (1950) 2853, the State Protection Act (1975)2854, the Electronic Transactions Act, the News Media Law, the Printing and Publishing Enterprise Law, the Law Protecting the Privacy and Security of Citizens, the Unlawful Associations Act (section 17.1), the Peaceful Assembly and Peaceful Procession Act, and several other provisions of the Penal Code (e.g. section 124a regarding sedition). These have all been used in cases against human rights defenders and journalists. 2855 1295. These problematic laws constitute a veritable toolbox for State officials and representatives wishing to stifle dissent and evade legitimate scrutiny of their actions. It provides them with various options to curtail and punish the legitimate exercise of the rights to freedom of expression, association and peaceful assembly. 2856 The use of these laws to silence critical voices has been a regular, and increasing, occurrence throughout the period under review. Individuals who are critical of the government or security forces, and who expose or speak out against human rights violations, are particularly vulnerable. 2857 Persons targeted include those who have taken a public stance in relation to land confiscation, largescale development projects, environmental degradation, constitutional reform, and on military and security operations across the country. The use of such laws has curbed the democratic space in Myanmar. 1296. One notable example has been the case of the two Reuters journalists, Wa Lone and Kyaw Soe Oo, who were arrested and detained in December 2017, ostensibly for alleged violations of the Official Secrets Act, but in reality in an attempt to prevent or punish them from publishing a story about serious human rights violations committed by the Myanmar security forces. In July 2018, they were charged with offences under the Act with a maximum sentence of 14 years imprisonment. On 3 September 2018 they were convicted and sentenced to seven years imprisonment.2858 The prosecution of acts of investigative journalism into allegations of human rights violations in Rakhine State, which are issues of the highest public interest, is of grave concern. 2859 The Mission considers that the two journalists have been convicted and are now being punished severely for carrying out their responsibilities as journalists relating to the exposure of serious human rights violations. This high-profile case sends a chilling message to other journalists and human rights defenders, not only 2852 2853 2854 2855 2856 2857 2858 2859 318 Free Expression Myanmar, “66(d): No real change” (December 2017). Repealed in 2016. Repealed in 2016. E.g. A/HRC/32/71, para. 19. For example, in 2017, the Special Rapporteur on the human rights situation in Myanmar stated to have received information on approximately 170 individuals imprisoned for peacefully exercising their rights to freedom of opinion and expression, and of association and assembly (A/HRC/34/67, para. 26). E.g. BM-007, BM-008, BM-039, PI-037, PI-038, PI-106, QM-006. Reuters, “Statement from Stephen J. Adler, President and Editor-in-Chief, Reuters, on reporters Wa Lone and Kyaw Soe Oo, Sep 3, 2018” (3 September 2018); OHCHR, “Comment by UN High Commissioner for Human Rights Michelle Bachelet on the conviction of two Reuters journalists in Myanmar” (3 September 2018). See also Y. Lee, D. Kaye, “Myanmar: UN experts gravely concerned by court charges against Reuters journalists” (press release, 11 July 2018), (https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23357&LangID=E).