A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
Myanmar Police Force claimed that his writings on Facebook related with a sexual abuse of
a three-year old toddler damaged their reputation but did not exactly assert which terms
and words he used damaged the reputation.
2.6.2
Facebook User Charged for Writing About Navy
The Tatmadaw sued Maung Tin Chan, a resident in Sittaw village, Kyauk Phyu township,
Rakhine State in July 2019 under Section 33(b) of Electronic Transactions Law, stating he
disseminated information related to the Tatmadaw on social media. Captain Pyae Phyo
Aung of Dhanyawaddi Naval Base filed the lawsuit alleging Maung Tin Chan used a
Facebook account named “A Rakhine Boy From Japanese Era” in Burmese and wrote about
the security of the navy. However, the Captain did not explain any details about his
Facebook posts.
Section 33(b) of Electronic Transactions Law states “Whoever receives or sends and
distributes any information relating to secrets of the security of the State or prevalence of
law and order or community peace and tranquillity or national solidarity or national
economy or national culture, by using electronic transactions technology shall, on
conviction be punished with imprisonment for a term which may extend from a minimum
of 7 years to a maximum of 15 years and may also be liable to a fine”.
2.7
Lawsuits with Sedition Charge Under Section 124(a) of the Penal Code
Section 124(a) of the Penal Code states “Whoever by words, either spoken or written, or by
signs, or by visible representation, or otherwise, bring or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards [ the Government established
by law for the Union or for the constituent units thereof,] shall be punished with
transportation for life or an shorter term, to which fine may be added, or with
imprisonment which may extend to three years, to which fine may be added, or with fine”.
There are six prosecutions under Section 124(a) of the Penal Code.
Significant Cases
2.7.1
Charges Over Criticism of The State Counsellor
A columnist named Ngar Min Swe (aka) U Min Swe was charged under Section 124(a) of the
Penal Code and arrested by the Hlaing township police force on July 12, 2018 for his posts
on social media that described the State Counsellor Daw Aung San Suu Kyi as a woman who
is more inferior than a prostitute and allegedly incited enmity between the Tatmadaw and
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Chapter (2): Freedom of Expression