6/11/22, 10:23 PM Section 66(d), the newest threat to freedom of expression in Myanmar? | The Myanmar Times Prominent National League for Democracy member U Myo Yan Naung Thein is on trial for defamation under section 66(d) following a post deemed inflamatory on his Facebook page. Photo: Zarni Phyo / The Myanmar Times Section 66(d), the newest threat to freedom of expression in Myanmar? The government is under mounting pressure from the public and from rights groups to amend its criminal defamation laws after a spate of cases against journalists and bloggers has raised questions about the administration’s commitment to protecting free speech. Persistent repression of criticism through section 66(d) of the Telecommunications Law has led lawyers, politicians and activists to suggest that conditions for free speech have continued to deteriorate under the National League for Democracy-led government, despite expectations that the new leadership would usher in an era of freedom. Arrests, prosecutions and long prison sentences were common methods of repression under the former military regime, and such practices continued under the former civilian government elected in 2010. The practice has not ceased and laws of dubious standing continue to be wielded against social media satirists, activists and journalists. One such piece of legislation, the Telecommunications Law was adopted in 2013 with the aim of improving the climate for foreign investors. But its section 66(d) has been used to crack down on individuals who express opinions on social media that meet with official disapproval. Observers cite the cases of Ma Chit Tha Me aka Ma Chaw Sandi Tun, Patrick Kum Ja Lee and poet Ko Maung Saung Kha, all of whom faced legal action under the former government in relation to Facebook posts that cricitised the former president or the Tatmadaw chief. Even the ruling party has no respite from prosecution under 66(d). Earlier this month, prominent NLD member U Myo Yan Naung Thein was arraigned for allegedly posting on Facebook a call for the resignation of the armed forces chief. According to lawyers, the legislation is vaguely and broadly worded, if narrowly enforced. Section 66(d) of the Telecommunications Law says anyone “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network” faces prosecution and a possible prison sentence of up to three years, plus a fine. The measure appears to contradict section 354 of the constitution, which protects the free expression of opinion unless found to undermine “law and order, community peace and tranquillity or public order and morality”. Thura U Shwe Mann, chair of parliament’s Commission for the Assessment of Legal Affairs and Special Issues, weighed into the defamation debate last week by raising the question of amending the law. In his own Facebook post, he invited public input. Then on November 21, he said that according to widespread opinion the law should remain in place, but the contentious section amended, specifically with regards to bail and sentencing. “There has been criticism and suggestions that the law’s section is a burden on reconciliation, and causes hardship and a waste of money, time and energy,” the former Speaker said. U Thein Than Oo, vice chair of the Myanmar Lawyers Network and an advocate for human rights, said the very point of section 66(d) was to pursue repression of political dissidents. He questioned the Yangon Region government’s recent move to sue Eleven Media Group under that provision. https://www.mmtimes.com/national-news/23843-section-66-d-the-newest-threat-to-freedom-of-expression-in-myanmar.html 2/6