three sub-clauses vaguely criminalizing “causing fear”, “spreading false news”, and
“committing or agitating for an offense against a government employee”. In the same
few days, the military “amended” the Code of Criminal Procedure (1898) to remove
due process protections, and “suspended” for an unspecified period the privacy rights
granted under the Law Protecting the Privacy and Security of Citizens (2017).
The military later changed the media regulatory framework and began to wield it more
oppressively. The Broadcasting Law (2015) was “amended” in 2021 to restore media
crimes and expand the scope of application to cover all media content online. The new
provisions did not define media content, and therefore could feasibly apply to anybody
publishing anything online. The Printing and Publishing Law (2014) was “amended” in
2023 to strip away the law’s few procedural safeguards and make arbitrary revocation
of media licenses easier.85
The military continued to change the criminal law framework. For example, the CounterTerrorism Law (2014) was first “amended” in 2021 after the coup started to significantly
increase penalties for several of the vague crimes included within that restricted freedom
of expression, such as provisions banning “persuasion” and “propaganda”.86 The military
later “amended” the law again in 2023 to expand its surveillance powers. The military also
added legitimate opposition groups, such as the National Unity Government (NUG), to
the Counter-Terrorism Law’s (2014) list of sanctioned terrorist organizations, effectively
ensuring that positive or even impartial media coverage of the NUG was tantamount to
terrorist incitement and could attract significant penalties for journalists.
MILITARY “COURTS”
Several of the military’s “Orders” established a new system of military tribunals with
jurisdiction over particular laws in townships that the military had placed under
martial law. The list of laws that were placed under the tribunals’ remit included media
regulatory laws, such as the News Media Law (2014), and criminal laws restricting
freedom of expression, such as the incitement provisions in the Penal Code (1861). The
tribunals were extra-legal both because they were created by unlawful military “Orders”
and because there was no constitutional legal basis for them.87 There was little to no
information publicly available on the tribunals’ procedural rules, besides them being
closed courts in which defendants had no rights to legal representation or to appeal.
Criminal cases that did not fall within the jurisdiction of military tribunals were
processed by “special” courts set up within prisons.88 Special courts were also closed
85 Center for Law and Democracy (2023), “Note on amendments”.
86 For more information on how the military has used and “amended” the law, see: ICNL (2023), “Impact of counter-terrorism
measures in Myanmar”.
87 The military tribunals were not “courts martial” as established in the constitution and other laws to regulate military affairs.
88 The civil society organization, FEM, has attempted to understand and explain how the military’s new court system works based
on key informant interviews with lawyers and defendants. For more information, see: FEM (2023), “Myanmar military’s ‘justice’
system”.
Assessing Detentions of Journalists in Myanmar, Feb. 2021 to Feb. 2025
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