Charges under the Telecommunication Law are not automatically eligible for bail, and
in some cases, courts repeatedly refused requests for bail, meaning people were held
for long periods before trial.
High profile cases include the following:
In October 2016, Myo Yan Naung Thein, secretary of the NLD’s Central
Committee for Research and Strategy Studies, was arrested after calling for the
resignation of military chief Senior-General Min Aung Hlaing in a Facebook post.
He was sentenced to six months' imprisonment. 55
In November 2016, authorities detained Dr. Than Htut Aung, chief executive of
Eleven Media Group, and Wai Phyo, chief editor of the group's Daily Eleven
newspaper, over Facebook posts involving an opinion piece that alleged highlevel government corruption. They were held in pretrial detention for 54 days
before being released on bail. 56 Their trial was ongoing in mid-2017, though
Eleven Media issued a public apology for the editorial.
In June 2017, Kyaw Min Swe, chief editor of The Voice Daily, was detained in
relation to the online publication of an opinion column that satirized a military
propaganda film. The columnist was also charged, but Kyaw Min Swe, as editor,
took responsibility for sharing the content on the internet. Following more than
two months’ detention, Kyaw Min Swe was released on MMK 10 million
(US$7,350) bail in August. 57
Surveillance, Privacy, and Anonymity
The government adopted a Law Protecting the Privacy and Security of Citizens
(Citizens Privacy and Security Law) in March 2017. It prohibits intrusion on
communication data, except based on permission, orders, or warrants provided under
other laws. But the law did not outline clear procedures to prevent data being stored,
and observers said its definition of privacy was inadequate. 58
State surveillance, historically pervasive and politicized, abated after the political
opening but has intensified somewhat since 2013 due to religious unrest and other
issues. The Tatmadaw or armed forces appear to have stepped up using interception
for domestic surveillance and security reasons in this coverage period. 59 Since their
activities lack transparency, however, the extent is impossible to confirm.