A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
2.1
Lawsuits under Telecommunications Law
Telecommunications Law has turned six years and five months since it was enacted on
October 8, 2013. Section 4 in Chapter 2 of the law describes that the objectives of the law as
“to enable to support the modernization and development of the nation…, to enable to give
more opportunities to the general public…, to enable to protect the Telecommunications
Service providers and users in accord with law and to enable to
supervise
Telecommunications Service, Network Facilities and Telecommunications Equipment
which require license…”. Although the original objective of the law was to regulate the
foreign telecommunications companies it became a threatening weapon to people’s
intrinsic right to freedom of expression in 2015 before the election period. The deteriorating
cycle of lawsuits under Telecommunications Law began from Tatmadaw's filing lawsuit
against a citizen for his online criticism of Tatmadaw in the 2015 election campaign. There
were 11 Telecommunications cases under the previous government but there were 102
cases filed before the amendment of the law and 127 cases after the amendment under the
incumbent government Many accused faced the trial staying in custody for several month
until the trial ended because they could not get bail according to the Code of Criminal
Procedure by which no one can get bail as the offence of Section 66(d) is punishable up to
three years in prison.
11
Lawsuits under the government led by USDP
102
127
Lawsuits before the amendment under the
government led by NLD
Lawsuits after the amendment under the
government led by NLD
Figure - Lawsuits under the Telecommunications Law by period
The amendment of Telecommunications Law followed the consecutive attempts of civil
society organisations, legal experts and activists in August 2017. The amendment included
this provision, “whoever commits act of 66(d) shall, on conviction, be liable to imprisonment
for a term not exceeding two years or to a fine not more than one million or to both”. Despite
the decreased penalty and right to bail without detention, defamation clause, the main
problematic part of the law was not removed. The Penal Code already prescribes the
offences, punishment and legal provisions for defamation at Chapter 21, Section 500. The
9
Chapter (2): Freedom of Expression