A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
Penal Code. Despite cancer disease, he had to face the trial staying in jail for more
than five months and his application for bail was repeatedly denied by the court.
Insein court sentenced the filmmaker to one-year imprisonment with hard labour,
on August 29, 2019.
2.1.4
An Individual Prosecuted for Criticising Parliamentarians
Daw Myat Thet Mon, a stray-dog rescuer in Yangon, faced a trial under a defamation charge
for three years for criticising parliamentarians. Daw Thida Maung, a MP of Yankin township
constituency (1) in Yangon Region filed a lawsuit against her under Telecommunications
Law at Yankin township court in November 2016. The accused was charged on May 31, 2017
but got bail. Furthermore, U Thein Zaw, a MP of constituency (2) of Yangon Region
Parliament also filed a lawsuit under Section 500 of the the Penal Code at the same court in
September 2016 after she wrote “disgraceful office, unqualified parliamentarian” on social
media because she was not satisfied with how the NLD officials managed the case of the
young domestic worker who said she fled from Daw Myat Thet Mon’s house. The court
decided she was not convicted for the Penal Code charge but she must be fined Five hundred
thousand Kyat (500,000 MMK) or sentenced to three-month imprisonment for
Telecommunications charge. Daw Myat Thet Mon chose to pay the fine and claimed to
appeal at the court.
2.1.5
Buddhist Monks Facing Trial with Bail For Criticising the Tatmadaw
The Tatmadaw filed a lawsuit against a Buddhist monk, Sayadaw U Sein Tita of Malikha
Wahso temple, Maha Vijita Rama monastery in Pyi Gyi Tagon township, Mandalay, under
Section 505(b) of the Penal Code on May 27 2019 for his online posts allegedly defaming the
reputation of the Tatmadaw. The court rejected the lawsuit on July 23 but the Tatmadaw
opened another lawsuit under Section 66(d) of Telecommunications Law. The trial began on
March 5, 2020 and the monk got bail with five million Kyat (5,000,000 MMK).
Similarly, the Tatmadaw’s Central Command opened a lawsuit against Sayadaw U Sobhita
(also known as Alinka Kyal) from Mandalay city under Section 505(b) of the Penal Code at
Amarapura township court. The lawsuit was rejected too but the monk was sued in another
lawsuit under the Telecommunications law.
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Chapter (2): Freedom of Expression