Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice
provides that the exercise of the above rights and entitlements shall not harm public
security, incite hatred or conflict among ethnic groups, religions, or communities, or
unjustly damage the dignity or reputation of an individual or organisation through
false means.
While the prohibition on hate speech in this provision is in line with international
standards and constitutes a legitimate restriction, the phrase “conflict among
communities” has a weakness due to its broad interpretation, as it can also imply
political disagreement as “conflict”. In addition, the prohibition against “unjustly
damaging the dignity or reputation of an individual or organisation through false
means” poses a significant obstacle to freedom of expression and media freedom.
For example, when an organisation’s misconduct or corruption is exposed, that
organisation may claim that its reputation has been harmed. The major risk here lies
in the absence of clear criteria for determining what constitutes “false means.”
The term “public security” lacks precision and is overly broad. While protecting
dignity and reputation is necessary, restricting political criticism in the name of those
values is not a necessary prohibition in a democratic society. Although freedom of
expression is formally recognised at the legal level, it remains difficult to conclude
that the framework fully complies with international standards.
5.3.2 Restricting Freedom of Expression through Security Justification
The final part of the chapter on Fundamental Rights, Entitlements, and Duties in the
Sagaing Federal Unit Interim Constitution contains a restriction based on “public
security.” In practice, this provision has become a primary weapon for restricting
freedom of expression. In conflict-intense areas such as the Sagaing Region,
on-the-ground security conditions determine the scope of freedom of expression
rather than legal frameworks. A Sagaing-based journalist who participated in the
research interviews described this reality based on his personal experience.
“In cases like the ‘Anyar Dubai’19 article, there were claims on the ground that
airstrikes happened after that article was published. At hospitals in the
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