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Hate Speech Ignited: Understanding Hate Speech in Myanmar
as of 2019, the council was led by journalist Ohn Kyaing, who has previously stated as the council’s
vice chair that “the Tatmadaw and the media are of the same mind and aim.”489 In effect, both laws
have served to limit media independence and content.
Peaceful Assembly and Peaceful Procession Law
Another major area in which the government has established expansive constraints has been assemblies and processions. The 2011 Peaceful Assembly and Peaceful Procession Law criminalized a number of acts in which organizers and protesters cannot engage.490 The list covers an alarming breadth
of conduct, including “disturb[ing], annoy[ing], endanger[ing], caus[ing] harm or forc[ing] the public”; “say[ing] things or behav[ing] in a way that could affect the country or the Union, race, or religion,
human dignity and public morality” or “could lead to discrimination or defamation based on differences of human beings;” “spreading incorrect news or incorrect information;” and “commit[ting] any
harmful act against anyone.”491 Although the law has been twice amended since enactment, the law is
still in effect and imposes criminal penalties of up to six months’ imprisonment for failure to comply
with its requirements.492 One such requirement is that protestors must provide notice to the authorities at least 48 hours before any planned assembly.493
The original law required permission before assembling, but the notice requirement prevents
spontaneous gatherings.494 In addition, while international standards only require assemblers to provide information that is necessary for authorities to make preparations to facilitate necessary logistics for the assembly along with a notification, the Peaceful Assembly and Peaceful Procession Law
requires submission in advance of information far beyond that necessary for facilitation, such as the
content of all slogans and signs to be used.495 The law has frequently been used to arrest numerous
organizers and participants of peaceful protests against the government, and serves as yet another
tool for punishing dissent.496 Interviewees noted that this law has also been used against organizers
of workshops and discussions that do not resemble large-scale gatherings or protests.497
Official Secrets Act
Section 3(1) of the Official Secrets Act of 1923 establishes criminal penalties of up to 14 years’ imprisonment for a range of activities.498 Prohibited activities include entering a “prohibited place;”
making sketches, plans, models, or notes that may be “useful to an enemy;” and obtaining, collecting,
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490
491
492
493
494
495
496
497
498
“Judge Dismisses Second Defamation Case Against Myanmar Now Editor,” Coconuts Yangon, April 24, 2017, https://
coconuts.co/yangon/news/judge-dismisses-second-defamation-case-myanmar-now-editor/.
“Surprise protest law amendment a return to dark past,” Frontier Myanmar, February 26, 2018), https://frontiermyanmar.net/en/surprise-protest-law-amendment-a-return-to-dark-past.
2016 Peaceful Assembly and Peaceful Procession Law, Section 10.
Article 19, Criminalisation of Free Expression, 4.
Progressive Voice, Time to Hear Our Voices: Freedom of Assembly and the Youth Peace Movement in Myanmar (July
2018), 1, https://progressivevoicemyanmar.org/wp-content/uploads/2018/07/PV_Briefing_Final_Web.pdf.
Ibid.
Ibid., 8.
Human Rights Watch, Dashed Hopes, 61–68.
001-R2-02, 1.
Article 19, Criminalisation of Free Expression, 3-5.