In a similar vein, we steer away from an in-depth analysis of the legal frameworks.
Although many studies on Myanmar have scrutinised these legal instruments, our
observations suggest their deployment as political instruments is highly arbitrary—as
new regulations can be introduced ad hoc, and prior regulations ignored, to justify
repression. Oppressive legal measures are not always necessary for arrests, as
evidenced by our interviews with journalists.
1
This prevalent focus on legal analysis often reflects Western legalistic traditions,
which
might
not
fully
grasp
what
Rebecca
Tapscott
(2021)
termed
as
“institutionalised arbitrariness” observed in the Global South: the “unpredictable
assertions and denials of authority that fragment and weaken civil society and local
public authorities.” Drawing parallels with our previous research in Indonesia (2022),
we take that such a legal positivist approach may not be adequate in a non-Western
context as in Myanmar.
Throughout this research, we adopt a cautious stance towards claims of the military
junta’s high-tech “digital authoritarianism.” While not discounting the junta’s potential
use of sophisticated surveillance technologies—an investigation that falls outside our
research scope—and still being cognisant that the situation may change at any time,
we observed that journalists frequently face low-tech surveillance and related
threats.
Looking at other threats as primary and the digital as secondary is vital in
reinterpreting the broader security challenges confronting Myanmar journalists, as it
alters our approach to problematising the situation. If we consider the efforts to
intervene in the security situations of journalists as a part of a broader set of
development interventions, our study aligns with the critiques of scholars like James
Ferguson (1994), Tania Li (2011), and Evgeny Morozov (2013), who have highlighted
the development field’s inclination to “render technical” in proposing solutions. This
overly positivistic approach may overlook key risks by attributing issues to individual
shortcomings or improper use of devices and tools. We aim to avoid this pitfall.
1. See also the limited publication material by International Media Support (2022), “2022 Q4 and Annual Report on
Journalism and Media Safety in Myanmar: Judicial Persecution Persists, More Repression Ahead.”
10