All sentences were fundamentally unnecessary and disproportionate. The following table shows a small proportion of sentences were up to two years imprisonment (6%), while more
than half of sentences handed down to journalists were two to
three years imprisonment (54%). A large minority of journalists were sentenced to four to nine years (17%), while others received extremely disproportionate sentences of 10 to 27 years
imprisonment (23%). Some longer sentences were made up of
multiple concurrent sentences3
Sentences Handed Down to Journalists
6%
54%
17%
23%
Up to 2 years
2-3 years
4-9 years
10-27 years
There was little difference in the sentences given based on the
seniority of the journalist. The average sentence given to junior
journalists was 5.2 years. Senior journalists and media leaders
received an average of 5 and 4.9 years respectively. There was
no clear link between where the journalist worked and the
length of the sentence handed down.
A significant but unverified proportion of the sentences were
enhanced or aggravated custodial sentences that included
“rigorous” imprisonment provided for under Penal Code
(1861) Article 53. Rigorous imprisonment or “imprisonment
with hard labor” involves a far harsher form of punishment
than Myanmar’s general prison labor camps.40 Sentencing a
journalist to rigorous imprisonment violates labor rights under
international law and potentially constitutes a war crime.41
‘‘
The 88 convicted
journalists were
sentenced to a
combined total
of 497 years’
imprisonment,
an average of
5.7 years each.
Almost all of the
sentences handed
down were
imprisonment
(92%) and
most applied
the maximum
sentence
allowable under
the law.
40 Rigorous imprisonment was commonly used by Myanmar’s previous military administration,
which forced prisoners including journalists to do construction, manufacturing, and military
work under horrendous conditions. It was rarely if ever handed down to journalists or
enforced during the transitional period. Myanmar Now (2023), “Myanmar regime reviving
practice of forcing political prisoners to do hard labour”.
41 International Labour Organization (2023), “Towards freedom and dignity in Myanmar”. See
also: International Committee of the Red Cross (2005) “Practice relating to Règle 95”.
Assessing Detentions of Journalists in Myanmar, Feb. 2021 to Feb. 2025
14