ASEAN Regional Coalition to #StopDigitalDictatorship
While the erosion of freedom of speech in Myanmar
had already commenced before the coup, its complete
absence has become apparent since the coup. In the
four years leading up to February 2021, at least 539
lawsuits related to speech freedom were brought
against 1,051 individuals in relation to expression.
Of these, 495 were individuals unassociated with
civil society, 326 activists, and 67 journalists or
media professionals.31 Since it took power in
February 2021 to November 2022, the junta has
arbitrarily arrested and detained over 16,000 people
for allegedly violating established speech freedom
restrictions and continues to expand the grounds
on which it could effectively eliminate the right to
freedom of expression in Myanmar.32 As of June 20,
2023, the number reached 23,386 people arrested
and detained.33 According to a military source, from
January until the end of October 2022, more than
900 Facebook users were arrested for their posts
and comments on the pages of public personalities
or news organisations.34 In all, from the coup in
February 2021 to December 2023, 25,883 people
have been arrested, of whom 19,966 are still being
held, and 8,585 are serving sentences. A total of
80,000 homes have been burnt down since the coup
by the military junta, displacing 3,800,000 civilians.35
Criminal defamation provisions have long been wielded
by public officials, politicians, religious and military
leaders and even businesses to charge journalists,
activists and ordinary citizens perceived as critics
of the government and the military. Proceedings are
lengthy and courts tend to side with the prosecution
and impose heavy penalties against defendants.
Additionally, defences included in the Criminal Code
are regularly overlooked.37
Internet users are frequently penalised, and Section
66(d) of the 2013 Telecommunications Law is
commonly invoked.38 In February 2020, three members
of a performance group were sentenced to six months
under this Section for posting photos, videos, and
livestreaming on Facebook satire performances
allegedly related to the military.39 In January 2021,
188
“
After the military
coup happened, we
lost our freedom of
speech, freedom of
expression and our
access to information.
We have also lost
the democratic
space created by the
media in the country.
Also, reporters are
always at the centre
of protests with
shooting, tear gas and
water cannons. This
is dangerous as now
there is no institution
that journalists and
media can turn to in
this situation.
36
- Tin Tin Nyo, Managing Director of
BNI Multimedia Group
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia