Dangerous Speech, Anti-Muslim Violence, and Facebook in Myanmar
sonal connections with ultranationalist monks.20
In 2013, the Thein Sein government passed the Telecommunications Law,
which authorized fines and prison sentences for those proven guilty of “defaming,
disturbing, causing undue influence, or threatening any person using a telecommunications network.”21 Military personnel, the Thein Sein government, and
Aung San Suu Kyi’s government, which assumed power in 2016, have used this
law to press charges against journalists and other individuals who have criticized
or satirized political leaders online.22 Yet officials have not used this law to charge
individuals who have stirred up religious hatred.
Even Wirathu, whom the military regime had previously jailed for inciting
anti-Muslim violence, has not faced charges. After the January 2017 assassination of Ko Ni, a constitutional lawyer and Aung San Suu Kyi’s adviser, Wirathu
praised the killers.23 Ko Ni was a Muslim who promoted social inclusion. The exmilitary assassins’ motivations were reportedly “extreme patriotism.”24 Following
that, the state-sponsored Buddhist monks’ council banned Wirathu from giving
public speeches for a year but the government did not curtail his online activities.
Meanwhile, a judge agreed to hear a case filed by one of Wirathu’s supporters who
accused a Burmese journalist of defamation for posting criticism of Wirathu’s comments on his personal Facebook page.25
Aung San Suu Kyi’s government has wrestled with how to assert some control
on the population’s use of the platform while not offending Buddhist nationalists.
It is unclear if the government has ever asked Facebook to shut down any accounts;
however, in February 2018, an official social-media-oversight team was set up to
identify “cases that harm the stability and tranquility of the country.”26
The military has been sensitive about independent reporting and therefore
unwilling to allow journalists access parts of northern Rakhine State, where it
carried out clearance operations in 2017. The operations were in response to deadly
attacks by the Arakan Rohingya Salvation Army on border posts.27 Despite denials
that the security forces committed acts of violence against civilians, satellite photos
documented the systematic burning of Rohingya villages.28 Several hundred thousand Rohingya fled to Bangladesh, including women and girls who had witnessed
or experienced rape by the security forces and affiliated militia groups. While not
conclusive, a survey conducted in Rohingya refugee camps suggested that more
than 6,000 civilians died, including young children.29 Two Burmese journalists
who managed to gather information on the military’s execution of ten Rohingya
males were later entrapped and charged with violating the colonial-era Official
Secrets Act.30 This was clearly a warning to other journalists, who have become
much more cautious in their reporting.31
United Nations officials and human-rights organizations characterized the
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