505A: Act of revenge
Review of Myanmar coup speech ‘crimes’
The Myanmar people have used their right to freedom of
expression to reject the military’s 2021 coup. The military’s
responded with vengeance, including unlawfully adopting
new legal provisions such as Article 505A to crackdown on
dissent.
This report summarises one year of monitoring and data
analysis. It documents just one element of the military’s
campaign of attacks on the right to freedom of expression,
namely the use of the vaguely written Penal Code Articles 505
and 505A.
The two articles, one written and the other amended by the
military since the coup, criminalise individuals for a range of
speech “crimes”. These include condemning democratic
campaigning as “incitement” and prosecuting journalism as
spreading false information.
FEM identified 3,995 individuals who have been criminalised by
arrest warrants, detentions, charges, or sentences under Articles
505 and 505A, but estimates that the military’s secrecy hides the
actual number of almost 10,000.
At the time of publication, of those 3,995 identified as
criminalised under Articles 505 and 505A, about half remained
underground or had left military-controlled areas. 1,269 were
still in pre-trial detention, and 143 were sentenced to lengthy
terms of imprisonment.