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Dictating the Internet:
Case of Min Htin Ko Ko Gyi
In April 2019, Min Htin Ko Ko Gyi, filmmaker and founder of a human
rights film festival in Myanmar, was arrested and taken into pre-trial
detention following a complaint filed against him under section 66(d)
for alleged defamation of the military regarding posts he had made on
Facebook criticizing the role of the military in Myanmar’s politics.137
Lt. Col. Lin Htun of Yangon Regional Command filed the case against the
filmmaker, and a second case for alleged violation of section 505(a) of
Myanmar’s Penal Code.138
Min Htin Ko Ko Gyi remained in prison, despite requiring access to medical
treatment as he suffers from liver cancer and underwent a serious operation
prior to his arrest and detention.139
In August 2019, he was convicted of the charge under section 505(a) of
the Penal Code and sentenced to one year in prison with hard labour.140
In a similar case:
In May 2016, poet Maung Saung Kha was convicted under section 66(d)
and sentenced to six months’ imprisonment for alleged defamation of
former president Thein Sein following a poem he posted on Facebook in
October 2015.141
137 San Yamin Aung, ‘Filmmaker Accused of Insulting Army Is Denied Bail, Sent to Prison’, The
Irrawaddy, 12 April 2019, Available at: https://www.irrawaddy.com/news/burma/filmmakeraccused-insulting-army-denied-bail-sent-prison.html
138 Section 505(a) of the Penal Code is a non-bailable offence, where a judge can make a decision to
grant bail to the accused.
139 Amnesty International, ‘Myanmar: Health Concerns For Detained Filmmaker: Min Htin Ko Ko Gyi’, 6
June 2019, Available at: https://www.amnesty.org/en/documents/asa16/0478/2019/en/
140 Sam Aung Moon, ‘Myanmar jails filmmaker for Facebook posts critical of military’, Reuters, 29
August 2019, Available at: https://www.reuters.com/article/us-myanmar-filmmaker/myanmarjails-filmmaker-for-facebook-posts-critical-of-military-idUSKCN1VJ0Q5?feedType=RSS&feedName=
worldNews
141 PEN International, ‘Myanmar: Poet sentenced to 6 months in prison and released’, 25 May 2016,
Available at: https://www.pen-international.org/news/myanmar-poet-sentenced-to-6-months-inprison-and-released