ASEAN Regional Coalition to #StopDigitalDictatorship
PANDEMIC POLITICS: COVID-19
IMPACT ON ONLINE ACTIVITIES
In response to the COVID-19 outbreak, in February
2020, the NLD-led government put forward a draft
Prevention and Control of Communicable Diseases
Bill. The document included a provision which would
sanction health officials who disseminate certain
health information during specified times if it could
lead to fear or panic.105 The draft bill specifies that
first-time offenders would be fined between MMK
50,000 and MMK 100,000 ($23.8 and $47.7), while
repeated offenders can be imprisoned up to six months
and, additionally, be fined between MMK 300,000 and
MMK 500,000 (equivalent to $143 and $238.6).106 The
authorities’ claim was that the proposed law sought
to prevent public disorder, as well as the spread of
intentionally false information and, at the time of the
coup, the bill was still in its draft form.
COVID-19 fueled the civilian government’s crackdown
on netizens, journalists, and human rights defenders.
Throughout 2020, numerous cases were documented
where individuals faced arrests for sharing information
on their personal platforms about the virus, deemed
false or misleading by the authorities. On April 4, 2020,
netizen Bhon Myint Moe shared on his Facebook
news about COVID-19 spreading into his township.
He was subsequently charged under Section 27 of the
Natural Disaster Management Law on allegations of
spreading false information.107 Three months later, the
police charged Eleven Myanmar journalist Aung Ko Ko
under Section 68(a) of the Telecommunications Act
for “spreading misinformation” following his Facebook
post commenting on the Ministry of Health and Sports’
underreporting of cases and delayed news releases
relating to the COVID-19 in the country. He was said to
have done so “with intent to harm the State image.”108
As reported by ARTICLE 19, in May 2020, the holder of
a Facebook account named “Nyan Lin Htat Referee”
was prosecuted under Section 124A of the Penal Code
198
on sedition for pointing out the Government’s failure
to comply with its own health protocols, including
the restriction on public gatherings.109 In July 2020,
Zaw Naing Oo, politician of the Sagaing Region, was
charged under Section 505(b) for circulating a letter
in which he criticised the regional government’s
pandemic response.110
Following the coronavirus outbreak, Myanmar launched
its own app-based QR pass system called Saw Saw
Shar. A publicly available project proposal for its
development from 2020 reveals that the app is not
only intended for controlling the spread of COVID-19,
but also to “provide the information dissemination to
tackle the related fake news.” 111 The extent to which
the app is engaged in battling fake news is unknown
and so is the way it operates to achieve this goal.
The NLD-led government also restricted access to
information by ordering telecommunications companies
to block access to select ethnic news websites, citing
the spreading of false COVID-19 news as the reason
for such a measure.112 By March 2020, 221 websites
which report on “military abuses” and spread alleged
COVID-19 fake news were blocked on the order of the
Ministry of Transport and Communications.
Furthermore, the Myanmar junta has been accused of
exploiting the COVID-19 pandemic to justify its coup
in 2021. Prior to the coup, Myanmar’s military junta
used the spike in COVID-19 cases to question the
legitimacy of the November 2020 national elections,
citing concerns about public security. During the coup
itself, the pandemic was exploited to justify military
actions and legitimise the arrest of civilian leaders,
including Aung San Suu Kyi, based on alleged violations
of the National Disaster Management Law. After the
coup, the junta continued to use the pandemic as a
pretext to limit public gatherings and any uprisings,
and to tighten its control.113
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia
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