A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
access and utilise the information after the secrecy period ends. Secured terms of
information are classified as; 30 years for “top secret” status, 25 years for “secret” status, 20
years for “internal affair” status and five years for “restricted” status in chapter 12 of the
law. According to Section 13, the Directorate of National Archive has authority to restrict
the people’s right to access and utilise the archives. Hence, this law empowers the
government to refuse and restrict the people’s right to information.
The government can classify any information as “top secret” and control them no less than
30 years according to the current law. The law creates no option to review the government’s
decision. The “top secret” classification system can easily be misused to cover the
corruption, mismanagement and human rights violations of the government.
Hence, the National Record and Archive Law should be amended in accordance with human
rights standard and democratic standard to enforce the enactment of Right to Information
Law.
2.4
Lawsuits under Sections 505(a), (b), (c) of the Penal Code
Section 505 of the Penal Code states that “Whoever makes, publishes or circulates any
statement, rumour or report -(a) with intent to cause, or which is likely to cause, any officer,
soldier, sailor or airman, in the Army, Navy or Air Force to mutiny or otherwise disregard
or fail in his duty as such ; Or (b) with intent to cause, or which is likely to cause, fear or
alarm to the public or to any Section of the public whereby any person may be induced to
commit an offence against the State or against the public tranquillity ; or (c) with intent to
incite, or which is likely to incite, any class or community of persons to commit any offence
against any other class or community, shall be punished with imprisonment which may
extend to two years, or with fine, or with both.”
Free speech violations through lawsuits under Section 505 of the Penal Code have been
increasing under the NLD-led government. Athan documented 12 lawsuits under Section
505(a), 40 lawsuits under Section 505(b) and six lawsuits under Section 505(c). The majority
of lawsuits were filed by the Tatmadaw for “damaging the reputation of the Tatmadaw”.
Section 505(b) was also frequently used to prosecute protesters and critical people against
the government. Section 505(c) was used in lawsuits against young Karenni activist
protesters.
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Chapter (2): Freedom of Expression