The Committee to Protect Journalists (CPJ) identified
Myanmar as one of the world’s worst jailers of
journalists in a report published after the coverage
period.265 The organization listed at least 32 journalists
in jail as of July 1, noting that the actual number was
likely higher given that its sources feared repercussions
for identifying detained colleagues. Though all but one
of those listed had been placed behind bars during the
coverage period, Democratic Voice of Burma reporter
Min Nyo was the only journalist to receive a conviction
by the end of that period. Min Nyo was sentenced to
three years in prison in May 2021 under Section 505A
of the penal code; he had been in pretrial detention
since he was arrested while covering protests in March.
Other journalists detained under Section 505A include
Nathan Maung and Han Thar Nyein, cofounders of the
online news website Kamayut Media. They were
detained during a March 2021 raid on the outlet’s
office, after which Maung reported being interrogated
about the publication. The two also reported being
tortured in detention (see C7); though Maung, a US
journalist, was freed on June 15, Han Thar Nyein
remained in prison as of the end of the month.266 Four
others on the CPJ list were handed two- or three-year
prison sentences after the coverage period, in June
2021.
Some cases are clearly intended to silence the media’s
investigative journalism. In January 2021, the military
filed a lawsuit against an editor and a journalist from
the Rakhine-based Development Media Group under
Article 66(d) of the Telecommunications Law after
their outlet published a story about military corruption
on its website and Facebook page.267 The group’s editor
in chief was already in hiding after being prosecuted
under the Unlawful Associations Act for previous
coverage.
Other cases in recent years have been aimed at
punishing criticism that has gone viral online. In
February 2020, Kay Khine Tun, Paing Phyo Min, and
Su Yadanar Myint of the poetry troupe Peacock
Generation were sentenced to six months in prison
under Article 66(d) of the Telecommunications Law for
sharing images of and live-streaming their
performances satirizing the military on social media.268
In December 2019, four other members of the group
had also been sentenced to six months in prison under
Article 66(d).269 In June 2020, 25 members of Peacock
Generation were called to a different court to face
similar charges under Article 66(d).270
In addition to journalists and prominent social media
figures, everyday users have had charges brought
against them under various laws. High school student
Maung Tin Chan was sentenced to five years’
imprisonment in December 2020 for incitement under
Article 33(b) of the Electronic Transactions Law,
having published critical Facebook posts related to the
conflict in Rakhine State.271 In September of that year,
the military brought a case against Thinzar Than Min
for alleged defamation under Article 66(d) and alleged
disinformation under Article 68(a) for a Facebook post
in which she reported being pressured to support the
military-backed USDP in the November general
elections. She was convicted and sentenced to nine
months in prison under Article 505(a) of the penal code
in December 2020.272
From 2019 to 2020, there were more than 45 criminal
cases under the Telecommunications Law and 21 cases
under the Law Protecting the Privacy and Security of
Citizens. Many plaintiffs in the cases were affiliated
with the state, including public officials, NLD party
officials, and military officers, while many of the
accused were unaffiliated users, activists, and
journalists.273
In May 2019, Reuters journalists Wa Lone and Kyaw
Soe Oo were pardoned after being imprisoned for more
than 500 days and convicted in September 2018 for
reporting on the massacre of 10 Rohingya men and
boys.274 The journalists had been sentenced to seven
years in prison for violating the Official Secrets Act.275
They were originally detained in December 2017. In
June and July 2018, the journalists’ defense lawyers
informed the court that they had been tortured while in
custody (see C7).
Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတ်လပ်မ/ - ြမန်မာ2ိ4င်ငံ - Page 21