Tun Oo under the same section for livestreaming a video of a play deemed defamatory of the military. 30 Private individuals can also initiate legal proceedings. Myanmar Now chief editor Swe Win was arrested in July 2017 and faces charges under section 66(d) of the Telecommunications Law in relation to messages posted on Facebook critical of ultra-nationalist monk Wirathu.31 22. Journalists are frequently targeted with lawsuits or criminal charges in relation to their reporting. 32 Section 66(d) of the Telecommunications Act, section 500 of the Penal Code, and the Unlawful Associations Act are frequently used to target journalists. The Myanmar military and police most frequently file cases against journalists.33 23. In December 2017, Reuters journalists Wa Lone and Kyaw Soe Oo were arrested while investigating a massacre of Rohingya civilians in northern Rakhine State. In September 2018, they were convicted under the Official Secrets Act and sentenced to seven years’ imprisonment. The pair were released in May 2019 by presidential pardon.34 In May 2020, editor Zaw Min Oo was sentenced to two years’ imprisonment for a story about COVID-19 that turned out to be false.35 24. The arrest and detention of journalists, even if they are ultimately released, have a severe chilling effect on media freedom in Myanmar. In June 2017, authorities arrested and charged journalists Lawi Weng, Aye Nai and Phyae Phone Aung under the Unlawful Associations Act for reporting on a drug burning ceremony by an ethnic armed organisation in Shan State.36 In October 2018, authorities arrested three journalists from Eleven Media—Kyaw Zaw Lin, Nayi Min, and Phyo Wai Win—on charges under section 505(b) of the Penal Code in relation to an article regarding the financial management of the Yangon Regional Government.37 25. Recommendations: • Cease the abuse of Myanmar’s law to harass and silence journalists, human rights defenders, political opposition, government critics, and all those exercising their right to freedom of expression. • Immediately and unconditionally release all those arbitrarily detained for exercising their rights to freedom of expression, quash their convictions, and drop all outstanding charges against those currently facing prosecution. Threats and violence against journalists and others exercising the right to freedom of expression 26. In 2015, Myanmar supported recommendations calling for the independent investigation and prosecution of crimes against ethnic and religious minorities. 38 It noted one recommendation calling for the investigation and prosecution of crimes of intimidation, harassment, persecution, torture and enforced disappearances against journalists, human rights defenders and others, as well as ARTICLE 19, ‘Myanmar: Release and drop charges against journalists and activist charged under Article 66(d)’, 26 June 2017, available at; https://www.article19.org/resources/myanmar-release-and-drop-charges-against-journalists-andactivist-charged-under-article-66d/. 31 Zarni Mann, ‘Myanmar Court Allows Appeal of Decision to Drop Lawsuit Against Editor’, Irrawaddy, 27 August 2019, available at: https://www.irrawaddy.com/news/burma/myanmar-court-allows-appeal-decision-drop-lawsuit-editor.html. 32 See, e.g., ‘Myanmar Journalist Charged With Defamation Refuses to Apologize to Firebrand Monk’, Radio Free Asia, 13 February 2018, available at: https://www.rfa.org/english/news/myanmar/myanmar-journalist-charged-with-defamationrefuses-to-apologize-to-firebrand-monk-02132018161716.html; ‘Joint statement: Myanmar authorities must drop the case against Ko Swe Win and decriminalise defamation’, 7 March 2019, available at: https://www.icj.org/joint-statementmyanmar-authorities-must-drop-the-case-against-ko-swe-win-and-decriminalise-defamation/. 33 Athan, ‘2019 Mid-year Report on Status of Freedom of expression in Myanmar,’ 2 September 2019, available at: https://drive.google.com/file/d/1_chaUs7HTCSbrjvaqkcIoVPgh4--eAJA/view. 34 Simon Lewis & Shoon Naing, ‘Two Reuters reporters freed in Myanmar after more than 500 days in jail’, Reuters, 7 May 2019, available at: https://www.reuters.com/article/us-myanmar-journalists/two-reuters-reporters-freed-in-myanmar-aftermore-than-500-days-in-jail-idUSKCN1SD056. 35 Toe Wai Aung, ‘Editor in Kayin State sentenced to jail over COVID-19 story’, Myanmar Times, 21 May 2020, available at: https://www.mmtimes.com/news/editor-kayin-state-sentenced-jail-over-covid-19-story.html. 36 ARTICLE 19, ‘Myanmar: Release journalists charged for reporting in armed conflict area’, 28 June 2017, available at: https://www.article19.org/resources/myanmar-release-journalists-charged-for-reporting-in-armed-conflict-area/. 37 The charges were eventually dropped in both cases. ‘Myanmar arrests three journalists over article on Suu Kyi protégé’, Al Jazeera, 10 October 2018, available at: https://www.aljazeera.com/news/2018/10/myanmar-arrests-journalists-articlesuu-kyi-protege-181010141035620.html. 38 143.78 (Iceland) (supported); 143.79 (Iceland) (supported). 30 6