reform but also engaged in practices that threaten
free expression (PEN Myanmar, 2019). The 2020
report of Athan Myanmar on FoE under the NLDled government found at least 1,051 individuals
affected by 539 civil and criminal cases that
threatened FoE (Athan Myanmar, 2020). These
charges were targeted at peaceful protesters3,
labour organizers, journalists, and artists.
Additionally, the actions of authorities often
mobilized ultra-nationalist sentiment, resulting
in harassment and violence against activists and
human rights defenders on social media and in
person (UNHRC, 2018).
1.4 FREEDOM OF
EXPRESSION AND
COVID-19
The civilian-military government also mis-used
the COVID-19 pandemic to further limit space
for people to exercise FoE. Several measures
put in place to contain the spread of the virus
also restricted civil rights and civic space. Vague
clauses in legislation originally intended to
temporarily limit the spread of misinformation,
and limit large gatherings, were utilized to
suppress dissenters. The Prevention and Control
of Communicable Diseases Law (PCCDL) and the
Natural Disaster Management Law (NDML) were
used as justification to penalize those criticizing
the government response
In this way, FoE in Myanmar was further
constrained during the COVID-19 crisis, especially
online. For instance, Facebook users have been
sued under the NDML for posts about community
spread of coronavirus before the first case was
confirmed (Amnesty International, 2020); sued
under section 68(a) of the Telecommunication law
for spreading misinformation (Nay Yaing, 2020);
sued under Penal Code Article 124(a)20, banning
“speeches, writing, posters” and other forms of
speech deemed defamatory for the government,
for posting that Aung San Suu Kyi and other
government officials were not following their own
social distancing guidelines (Zue Zue, 2020).
3
12
See, e.g., Progressive Voice’s Time to Hear Our Voices (Progressive Voice, 2018); and Amnesty International’s “‘I Will
Not Surrender’ (Amnesty International, 2020a). . Freedoms
Persist in Myanmar”, Statement to the 41st Session of the
Human Rights Council Interactive Dialogue on the Report
of the UN Special Rapporteur on the Situation of Human
Rights in Myanmar (CIVICUS, 2019).
1.5 FREEDOM OF
EXPRESSION AFTER
THE COUP
Whilst it might have been repressed before, when
the Tatmadaw (Myanmar military) illegally seized
power on 1st February 2021, FoE completely
collapsed. The military junta, calling itself the
State Administration Council (SAC), claimed
all executive, judicial and legislative power,
citing Constitutional provisions for a State of
Emergency. The SAC subsequently announced
new restrictions on FoE, utilizing and expanding
the legal mechanisms mentioned earlier, with a
particular focus on the Internet. Following the
coup, Myanmar experienced multiple nationwide
internet shutdowns; state-owned mobile service
providers and telecommunication regulators
were placed under direct military control; bans
on social media and VPN usage were announced;
seven national independent media outlets
were ‘outlawed’; surveillance and scrutiny on
protestors and activists was expanded, and
violent crackdowns were launched on digital
activivsts and sympathizers.
Attempting to give the appearance of a legitimate
government, the SAC announced changes to
laws and regulations aimed at curtailing FoE, as
well as freedoms of assembly and association.
Whilst none of these changes have any legal
legitimacy, they included amendments of the
Electronic Transactions Law which criminalizes
obstructing access to information on digital
platforms, particularly that are critical to junta
activities. Additionally, amendments of the Penal
Code curtail the right to dissent targeting voices
that are critical of the military and that support
the Civil Disobedience Movement (CDM). The
regime also amended the Telecommunications
Law to target activists, journalists, artists,
poets, writers, politicians, and others who post
perceived criticisms of the regime online. The SAC
amended sections 121, 124, and 505 (a) of the
Penal Code, introducing harsher penalties, such
as longer prison sentences, for those who criticize
the junta. Similarly, provisions appeared in the
Cyber Security Law (CSL) that further threaten
FoE. Numerous reporters have gone into hiding or
are openly quitting reporting due to the increased
surveillance and growing trend of arbitrary
detention by security forces.
Whilst the announced changes to the laws noted
above provide an indication of the direction
of travel the junta is taking Myanmar in, it
should be noted that in a climate of general
lawlessness, where the judiciary is generally in
the pay of the regime, what is written in the laws
can seem irrelevant. The authorities will find a
way to silence their opponents, with the best
fit law to justify their actions being very much
an afterthought.Soon after the coup began,
“the scale of internet censorship in Myanmar
has become quite unprecedented,” wrote
Observatory of Network Interference (OONI).
OONI’s report confirms that apart from blocks
on social media, Wikipedia, and regular internet
outages, the regime also blocked COVID-19
sites, denying the right to information that could
save lives. The junta went back to its old ways
of keeping people in the dark, using a variety
of censorship techniques across a variety of
networks. OONI concluded an alarming shift
in Myanmar’s internet censorship landscape
(Xynou, Padmanabhan, Phyu Kyaw, & Filastò,
2021). However, the junta’s attempt to gain
absolute control over the internet did not stop at
censorship, it is further characterized as growing
surveillance, and scrutiny followed by arrests
and detention which raise a major human rights
concern in the erratic political landscape.
1.6 DIGITAL AND CYBER
SPACE IN MYANMAR
Over the past decade, cyberspace in Myanmar
has emerged as a new avenue not only for
everyday space for people but also for civic and
political engagement. This has created new
pathways for citizens to exercise their right to FoE,
but has also led to new restrictions. For instance,
Myanmar’s cyberspace has been subject to
internet blockages, disruption, and surveillance.