A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
2015 amendment of Evidence Act also references Section 500 of the the Penal Code for
online defamation with intent to damage the reputation of an individual or an organisation.
But the inclusion of defamation offences in Telecommunications leads to conflicts of laws.
Moreover, legal procedure to open a lawsuit under Telecommunications Law has a lot of
complicated steps.. It also has negative impacts on accused because you need to pass several
procedures to even withdraw a lawsuit or make a settlement. According to Athan’s findings,
the trial process lasts for almost one year, even withdrawing a lawsuit lasts for six months.
Thus, Sections 66(d) and 68(a) should be abolished.
The Ministry of Transport and Communications gave an official order to telecommunications service providers to cut off the internet connection in nine townships in Rakhine
State and Chin State on June 21, 2019 as per the Section 77 of Telecommunications Law. A
government is not supposed to have authority to sever the internet and mobile phone
communications in any conditions according to the human rights standards. Thus, Sections
77 and 78 that entitle the government to suspend the communications services -- of
Telecommunications Law should be abolished too.
Significant Cases
2.1.1 Critic Jailed for Two Years Over Online Criticism of MP
On July 2 2017, MP U Zaw Zaw Htoo of No.2 constituency of Paung township, opened a
lawsuit at Paung township police station against U Aung Hsan Oo, the owner of “LarHtar
Kay” Facebook account for offensive posts that said (the MP is a) “downgraded drunkard, a
flattered lunatic” in a Facebook group named Paung, getting more than twenty thousand
views. The MP said the reason of his lawsuits is “the Facebook user portrayed the civilians
as fools so his writing is defaming” him. Paung township court sentenced him to two years
imprisonment with labour on July 1, 2019, making it one of the most severe cases among
Telecommunications cases since the time the law was amended. This case also proves that
an elected MP does not endure or want any criticisms from the public. Filing lawsuits and
accusing any criticism on social media of defamation is hindering the right to freedom of
expression of a civilian.
U Aung San Oo, the accused asked U Zaw Zaw Htoo to address a land issue but had no
specific explanation. This also highlighted that the Telecommunications Law is being used
as a weapon by a handful of powerful people instead of protecting the people.
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Chapter (2): Freedom of Expression