section 505(b) of the Penal Code after speaking to the media about his experiences as a former child
soldier.19 In August 2019, prominent documentary filmmaker Min Htin Ko Ko Gyi was sentenced to one
year’s imprisonment under section 505(b) of the Penal Code for criticising the military and its role in
Myanmar politics.20 In 2019 and 2020, six members of the Peacock Generation thangyat troupe – a
satirical performance group – were convicted in five separate cases under section 505(a) of the Penal
Code and section 66(d) of the Telecommunications Act after a performance deemed critical of the
military; they are serving sentences of up to five years’ imprisonment, and additional charges are
pending.21
19. Government and military officials frequently invoke defamation provisions to silence critics. Since the
NLD took office, the military has filed more than 40 cases affecting freedom of expression, resulting in
18 convictions.22 For example, in 2018, a Tatmadaw officer initiated proceedings against Kachin youth
human rights defenders Nang Pu, Lum Zawng, and Zau Ja for their participation in an anti-war protest;
the trio were later sentenced to six months’ imprisonment and fined 500,000 kyat. 23 Military-initiated
suits rose sharply in 2019.24
20. Those working in conflict areas face particular risks. In October 2017, Kachin men Dumdaw Nawng Lat
and Langjaw Gam Seng—a Baptist pastor and youth leader, respectively— were convicted under the
Unlawful Associations Act and the Import and Export Law in relation to their role facilitating a trip by
journalists to the region.25 They were later freed by presidential pardon. In December 2017, two Kachin
pastors were found guilty under section 17(1) of the Unlawful Associations Act for allegedly assisting
the Kachin Independence Army in what was widely viewed as politically motivated.26
21. Use of the Telecommunications Law’s defamation provision has increased with the rise of mobile
internet use in Myanmar. While only 11 cases were recorded by Athan under the former government,
more than 200 cases have been documented since the NLD took office in 2016, with 49 cases in 2019
alone.27 Suits have been initiated by the NLD government, military, and private citizens including
ultranationalists.28 For example, in April 2017, researcher and former political prisoner Myo Yan Naung
Thein was convicted under section 66(d) of the Telecommunications Law for criticising Myanmar’s
commander-in-chief on Facebook.29 The next month, authorities charged human rights defender Tun
Mratt Kyaw Thu & Oliver Slow, ‘Former child soldier Aung Ko Htwe sentenced, new charges added’, Frontier Myanmar,
29 March 2018, available at: https://frontiermyanmar.net/en/former-child-soldier-aung-ko-htwe-sentenced-new-chargesadded.
20 San Yamin Aung, ‘Filmmaker Accused of Insulting Army Is Denied Bail, Sent to Prison’, Irrawaddy, 12 April 2019,
available at: https://www.irrawaddy.com/news/burma/filmmaker-accused-insulting-army-denied-bail-sent-prison.html.
21 Zaw Zaw Htwe, ‘Satirical Troupe Face Extra Prison Terms for Ridiculing Myanmar’s Military’, Irrawaddy, 11 June 2020,
available at: https://www.irrawaddy.com/news/burma/satirical-troupe-face-extra-prison-terms-ridiculing-myanmarsmilitary.html; Amnesty International, ‘Myanmar: More ‘outrageous’ convictions for satire performers,’ 17 February 2020,
https://www.amnesty.org/en/latest/news/2020/02/myanmar-more-outrageous-convictions-for-satire-performers/.
22 Athan, ‘The Tatmadaw’s Complaints Violating Freedom of Expression Under Current Government’, 7 January 2020,
available at: https://drive.google.com/file/d/1_GTtqk7MRbRZhhV4TW8BCae8T61PAwp/view?fbclid=IwAR1A34zleTg1IouJvWM025iv5tIYDSTddRduhfJdrdaY8kKGYN2_cD3K-E.
23 Ye Mon, ‘Kachin youth activists handed prison sentences for ‘defaming’ the Tatmadaw’, Frontier Myanmar, 7 December
2018, available at: https://frontiermyanmar.net/en/kachin-youth-activists-handed-prison-sentences-for-defaming-thetatmadaw.
24 Ibid.
25 Amnesty International, ‘Myanmar: Further information: Kachin pastor sentenced to four years in prison’, 5 December
2017, available at: https://www.amnesty.org/en/documents/asa16/7554/2017/en/.
26 Amnesty International, “Myanmar: Further information: Kachin pastor sentenced to four years in prison”, 5 December
2017, available at: https://www.amnesty.org/en/documents/asa16/7554/2017/en/.
27 Athan data. See, Athan, ‘Analysis Report on Law Amendment of Telecommunications Law’, 11 September 2018,
available at:
https://www.facebook.com/athan.foe.myanmar/photos/pcb.391922764700128/391928108032927/?type=3&theater; See,
Athan, ‘20 Situation of FoE in 2019, February 2020, available at:
https://drive.google.com/file/d/1Zy1jQEUMtxf_WOskQe1DgLd6C40-xkcJ/view?fbclid=IwAR2t2SFCEfxn08MTlWhGVfaob30gTwjAHGylTY5d2OXJ8QBA-z5mEGjmDQ; Human Rights Watch, ‘World Report 2018: Burma’, January 2018,
available at: https://www.hrw.org/world-report/2018/country-chapters/burma#307a62.
28 Ibid.
29 Reporters without Borders, ‘Criminal defamation law blocks freedom of information’, 11 April 2017, available at:
https://rsf.org/en/news/criminal-defamation-law-blocks-freedom-information; Days after his conviction, Myo Yan Naung
Thein, who had been detained since November 2016, was released as part of a prisoner amnesty.
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