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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice 4. Limitations and Challenges Armed conflict in Myanmar and logistical issues on the ground imposed limitations and challenges on this study. The primary limitation was the inability to conduct on-the-ground data collection due to the intensification of armed engagement in 2025. As a result, only the focus group discussions (FGDs) were conducted in person, while all the other data collection processes were conducted remotely. A second limitation involved internet and communication disruptions. The military regime cut internet and electricity in the research areas, and some revolutionary groups also disabled WiFi and Starlink satellite connections. These disruptions hindered interviews, limited contact with sources during internet shutdowns, and caused significant delays in the flow of information. Furthermore, some participants relied on public Starlink cyber cafes for internet access, which restricted their ability to respond freely to questions. Although the names and personal information of participants were anonymized, fear remains prevalent under current political conditions. Some respondents were concerned about criticizing the military regime and local authorities affiliated with revolutionary groups, and therefore chose to provide only safe responses. This form of self-censorship may have affected the depth of data collected to some extent. In addition, data collection was conducted via digital platforms such as Signal and Zoom. As a result, participation was limited mainly to individuals with internet access, digital literacy, and proximity to urban areas. Consequently, this study may not fully reflect the voices of the general public in areas experiencing complete internet shutdowns. The final limitation is that the interim political arrangements and draft legal frameworks examined in this study are living documents that are subject to ongoing change. As a result, the findings of this research reflect conditions during the period 12

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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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Burmese
English

Topic

Information Operation
Military Coup

Author(s)

Athan

Date Published: Feb 17, 2026

Abstract: he military coup of 1 February 2021 marked a major turning point in Myanmar’s political and legal history. The military’s seizure of power constituted a blatant violation of Articles 417 and 4181 of the 2008 Constitution, which was in force at the time, with those entrusted with safeguarding the law instead breaching it. Consequently, on 31 March 2021, the Committee Representing the Pyidaungsu Hluttaw (CRPH)2 formally declared the complete abolition of the 2008 Constitution through Announcement No. 2/2021.

This decision also legally invalidated the military regime’s narrative that the 2021 coup was carried out in accordance with the Constitution. However, it simultaneously created a constitutional vacuum at the national level, leaving Myanmar without a governing constitution. To prevent the collapse of the rule of law and administrative mechanisms, and to establish the legal legitimacy of the revolution, it became urgently necessary to fill this vacuum.

In response to this need, revolutionary forces that emerged following the military coup issued the Federal Democracy Charter (FDC) on 31 March 2021. The Charter assumed the character of an interim constitutional framework, replacing the 2008 Constitution and serving as the highest legal framework during the revolutionary period. From 2023 onwards, revolutionary territories across Myanmar also began drafting and promulgating their own interim political arrangements. These developments began with the Interim Arrangements for Karenni State, followed by the Chinland Constitution, the Sagaing Federal Unit Interim Constitution, and the Mandalay Region Interim Political Plan, respectively.

These interim constitutional frameworks not only filled the legal gap left by the abolition of the 2008 Constitution, but also served as a foundational basis for establishing the legitimacy of the revolutionary forces and for building a future federal state. In particular, they function as a social contract between those who govern and those who are governed, aimed at protecting citizens’ rights.

Douglass C. North, a Nobel Prize–winning institutional economist, argues in his institutional theory3 that the principles applied in establishing a state’s foundational institutions play a decisive role in shaping its future political order. Accordingly, it becomes essential to examine how freedom of expression—one of the fundamental requirements of a democratic system—is incorporated into these foundational frameworks and the extent to which it is guaranteed, as they can serve as the critical veins of future federal units.

This study is a comparative analysis of how freedom of expression is placed in the Federal Democracy Charter and the interim legal frameworks enacted by three key revolutionary areas—Karenni State, Sagaing Region, and Mandalay Region—that emerged following the collapse of the 2008 Constitution. It comparatively examines how freedom of expression is addressed in papers and how it is practiced on the ground. This study furthermore identifies gaps between legal provisions and practical implementation, security-based restrictions, and self-censorship among the public.

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FoE-During-Myanmars-Revolution_Athan_Feb-2026_ENG-1.pdf
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FoE-During-Myanmars-Revolution_Athan_Feb-2026_MMR-1.pdf
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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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