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Update on Journalism and Media in Myanmar July - September 2023 However, Myanmar Now’s story on its staffer’s conviction said that actually, “the number of charges on which the junta court ultimately convicted him is unconfirmed”. Article 27 of the Natural Disaster Management Law punishes “whoever misinforms about the natural disaster for the purpose of dread to the public”. Section 66(d) of the Telecommunications Act, a law that has been used against journalists even before the coup, criminalises the acts of “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening any person using a telecommunications network”. Section 505A, the major legal weapon used against journalists, punishes three types of incitement: causing fear, spreading false news, and agitating criminal offence against a government employee. Section 124-A of the Myanmar Penal Code, on sedition, prohibits “any attempt to cause hatred, contempt and disaffection toward the military and military personnel, besides the government”. Convictions under these carry sentences ranging from one to 20 years. According to Myanmar Now’s report, Sai Zaw Theik was denied legal representation and family visits since his arrest. Its editor-chief, Swe Win, said in a statement: “His sentencing is yet another indication that freedom of the press has been completely quashed under the military junta’s rule, and shows the hefty price independent journalists in Myanmar must pay for their professional work.” Myanmar Now, which is among the media outlets banned by the SAC, is now based outside the country. Detained since his arrest at home in September 2022, Thaung Win was convicted of sedition under Section 124 A of the penal code. Held in Insein prison, he was sentenced on 28 June to five years in prison and fined 100,000 kyat (about 47 US dollars) by the Western Yangon District Court. He is the 16th publisher or co-founder of a news outlet known to have been convicted since the 2021 coup. Soon after his arrest, Thaung Win was prosecuted under a different charge - violating the Publishing and Distribution Act – for reporting news that “negatively affected national security, rule of law and public peace.” In its report on its ex-publisher’s conviction, The Irrawaddy restated the explanation it gave when Thaung Win was arrested – that the former political prisoner and activist was not involved in news operations and just lent his name as publisher when the news organisation 3

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Update on Journalism and Media in Myanmar

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English

Topic

Digital Rights
Digital Surveillance
Disinformation
Information Operation
Military Coup

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Athan

Date Published: Dec 14, 2023

Abstract: Highlights Three journalists were arrested and one photojournalist was convicted under Myanmar’s military regime during July to September 2023. This photojournalist, who works for Myanmar Now, was sentenced to 20 years in prison after being convicted under four charges in September. This is the longest combined prison term handed down to a journalist since the military coup of February 2021. The conviction of another individual, The Irrawaddy’s news publisher, is included in this quarter’s update, but he was sentenced at the end of June. During this quarter, there were reports of attacks on two other news persons - a reporter and a former journalist – in northern Kachin state, where insecurity has been running high amid the escalation of decades-long conflict between the Myanmar military and armed ethnic organisations. The motives behind these two attacks are unknown. The reporter sustained injuries after the motorcycle he was riding on was hit by a car, while the former journalist died from gunshots fired at him while he was on his motorbike. One former editor, in detention since April, was released in July. As of end-September 2023, 59 journalists remained behind bars. Since January 2023, a total of eight journalists have been arrested and six journalists have been convicted. The majority of the convictions continue to be under Section 505A of the Myanmar Penal Code, which penalises incitement against government and security forces, causing fear among the public and spreading false news. Journalists continue to work in dangerous situations in Myanmar’s continuing conflict, where they face challenges in physical and digital safety, gathering news, and economic security. In Rakhine, there are fresh signs that the space for news work is shrinking further in a region whose media community faced restrictions even before the coup. In the third quarter of 2023, journalists, along with civil society and other activists, were the subject of tighter security checks, more frequent random checks and a stepped-up hunt for them after the Rakhine regional authorities circulated a list of individuals wanted for a mix of security-related crimes.

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Update on Journalism and Media in Myanmar

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