A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
hearing the people who are allegedly defamed in those cases as witnesses. This highlights
that critical expressions did not harm reputations in reality.
Legal reform of a democracratic country needs to be in accordance with international and
democracy standards. In international and democracy standards, government leaders, civil
servants, politicians, parliamentarians and civil society organisations rather should hold
press conferences than prosecute the critics to respond to besmirching. If the government
always uses legal prosecution over every criticism it will only lead to free speech violations.
The privacy law cannot provide a full protection of every single person’s information from
accessing, watching and stalking in practice although it is said the law guarantees the
privacy and security of every citizen. People still need to give their personal information
when they deal with public service departments and the privacy law obviously does not
include the perspective of legal and ethical management of personal information of citizens.
Now, the total number of cases under the Law Protecting the Privacy and Security of Citizens
rises to 54.
Significant Cases
2.2.1
A Local Charged for Uploading the Chief Minister Speaking Video Clip
The very first victim of the privacy law since the enactment of the law is U Aung Ko Ko Lwin
from Thaton township, Mon State. U Aung Ko Ko Lwin was charged under Section 8(f) of the
privacy law for uploading a video clip in which the Chief Minister of Mon State told people
to “reduce one dish of curry” at a public gathering event where local people, Mon State
authorities and parliamentarians attended. U Aung Ko Ko Lwin received a one year jail
sentence on September 27, 2019, after a four-month trial.
2.2.2 Farmer Jailed for two years
The case of U Nyein Maung who suffered the harshest penalty within three years since the
enactment of the privacy law erupted between the residents of Palaung village and Orchard
company owned by Dr. Myint Sein over a disputed land. While the “Hundred Households
Head” from Palaung village announced that all farmers harvesting and cultivating on the
land must leave, U Nyein Maung took a photo of him announcing with a hand loudspeaker.
Then U Nyein Maung was sued under the privacy law. He was sentenced to two years in
prison by the Ma-U-bin township court on January 9, 2020 after a one-year trial.
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Chapter (2): Freedom of Expression