A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
Sayadaw U Sorbhita (Thaw Bita) seen at a court appearance
2.2
Lawsuits under the Law Protecting the Privacy and Security of Citizens
States have an obligation to provide full protection to people in a democratic society and
must respect the privacy of every single person in the country. Article 12 of Universal
Declaration of Human Rights (UDHR) also states “No one shall be subjected to arbitrary
interference with his or her privacy”.
The Law Protecting the Privacy and Security of Citizens was enacted on March 8, 2017.
Although the law was enacted for prevention of stalking eavesdropping, Myanmar Police
Force’s Special Branch (SB) and military intelligence still conduct pursuing and inquiries to
activists and politicians meanwhile the original objective of the law is not implemented. The
law becomes a misused law in reality while its objectives are only in utopia.
Section (8) of the privacy law is criminal defamation clause and Section (10) is the penalty
clause. Anyone who commits the offence prohibited in Section (8) will have to face trial
without getting bail because the maximum penalty for offences in Section (8) is three-year
imprisonment. In some cases, the third-party complainants file lawsuits on behalf of
someone as there is no specific or clear legal provision on “legal representative”.
Furthermore, Athan found in trial records that courts make decisions on the cases without
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Chapter (2): Freedom of Expression