A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government 2.5 Lawsuits under Section 500 of the Penal Code Section 500 of the Penal Code says “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” Myanmar has six defamation laws. It would be useful if Section 500 is amended systematically because Section 499 mentions “ten types of exemption” of offence prescribed in Section 500 which is being misused to prosecute those who politically criticise the government and the Tatmadaw nowadays. Majority of defendants under Section 500 are activists, writers and journalists. Significant Cases 2.5.1 Protesters Calling to Save IDPs Charged under Section 500 U Zau Jat, U Lum Zawng and Daw Nang Pu marched and opened protest camps, calling to save the trapped thousands of IDPs in battles in Kachin State in April 2018. Lieutenant Colonel Myo Min Oo of Northern Command of the Tatmadaw filed lawsuits at Myitkyina township court against them claiming that their speech “Villagers are fleeing because the Tatmadaw launched offensive operations”, “To open ways for the trapped villagers is the Tatmadaw’s responsibility” and “Stop aerial bombing right now!” damaged the reputation of the Tatmadaw. Myitkyina court imposed a sentence of six months and a fine of five hundred thousand (500,000 Kyat) to each. About 50 young Kachin activists protested at Myitkyina township court against the verdict. Then the organisers of the protest Ko Bran Mai, Ko Seng Khun Aung, Ma Sut Seng Htoi were sued by temporary police major Myint Moe under the Peaceful Assembly and Peaceful Procession Law. 2.5.2 A Writer Encouraging Constitutional Reform Charged under Section 500 Lieutenant Colonel Kyaw Min Oo of the Tatmadaw’s Coastal Region Command filed a lawsuit at a court on June 4, 2019 against a writer called Man (Taung Lone Pyan) alleging he delivered a speech that defamed the Tatmadaw and persuaded the audience to misunderstand about the Tatmadaw at a literature talk show in Myeik township, Tanintharyi Region on May 9, 2019 supporting the attempts to amend 2008 Constitution. The complaint was filed under Section 505(a) of the Penal Code but the court accepted the complaint under Section 500. The court imposed a sentence of three months or a fine of thirty thousand Kyat (30,000 MMK) at 19th court appearance on January 23, 2020. The writer chose to pay the fine. 23 Chapter (2): Freedom of Expression