96
Dictating the Internet:
In May 2019, the journalists were released pursuant to a presidential
amnesty.353
v. Laws which aim to protect the courts
Laws enacted or promulgated to protect certain aspects of the
courts or judicial authority have also been wielded to curtail freedom of
expression online. In Singapore and Malaysia, the instrument of “contempt
of court” has been expanded to disproportionately extend powers of the
court beyond a narrow legitimate aim of ensuring integrity and good order
in court proceedings. In Thailand, contempt of court has been increasingly
used in recent years to target independent individuals expressing disfavoured
public comment.
As emphasized by the UN Human Rights Committee, where limitations
to freedom of expression are adopted even for a legitimate purpose, such as
to maintain public order, contempt of court proceedings and penalties imposed
for exercising the right to free expression must be strictly necessary and
proportionate to that end. This means they must be specifically “warranted
in the exercise of a court’s power to maintain orderly proceedings” and must
not infringe upon the legitimate exercise of the rights of the defence.354
Where contempt proceedings are brought against lawyers, as
in some cases highlighted below, they may serve to violate basic tenets
governing the legal profession and protections to which lawyers are entitled
and reflected in international standards. The UN Basic Principles on the Role
of Lawyers makes clear that lawyers must “enjoy civil and penal immunity
10 September 2018, Available at: https://www.irrawaddy.com/news/burma/calls-mount-officialsecrets-act-amended-wake-reuters-case.html; In a similar case, in July 2014, the Chief Executive
Officer and four journalists with Unity Journal newspaper were sentenced to ten years in prison
with hard labour for publishing a report alleging a Myanmar military facility had been used to
manufacture chemical weapons. In April 2016, they were released pursuant to a presidential
amnesty. See Zarni Mann, ‘Unity Journalists Sentenced to 10 Years Imprisonment With Hard
Labor’, The Irrawaddy, 10 July 2014, Available at: https://www.irrawaddy.com/news/burma/
unity-journalists-sentenced-10-years-imprisonment-hard-labor.html; PEN International ‘Myanmar:
Five journalists released following presidential pardon’, 22 April 2016, Available at: https://peninternational.org/news/myanmar-five-journalists-released-following-presidential-pardon
353 BBC, ‘Wa Lone and Kyaw Soe Oo: Reuters journalists freed in Myanmar’, 7 May 2019, Available
at: https://www.bbc.com/news/world-asia-48182712; In April 2019, the ICJ and 19 other
organizations urged a parliamentary committee formed to review Myanmar’s 2008 Constitution
to amend the Constitution to guarantee the rights to free expression and information and media
freedom in line with international human rights law. See ICJ, ‘Joint statement: constitutional
reform must guarantee the right to freedom of expression in Myanmar’, 11 April 2019, Available
at: https://www.icj.org/joint-statement-constitutional-reform-must-guarantee-the-right-tofreedom-of-expression-in-myanmar/
354 CCPR/C/GC/34, paras 24, 31.