A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
After nearly 40 court appearances, deputy district judge of Northern Yangon District Court
charged the two journalists on July 9, 2018 and sentenced them to seven years under Section
3(1)(a) of Burma Official Secrets Act on September 3. They were released in a presidential
amnesty on May 7, 2019 after the local and international civil society strongly condemned
the verdict.
4.6
Myanmar Now Chief Editor Ko Swe Win Charged
Myanmar Now’s Editor-in-Chief, Ko Swe Win was sued under Section 66(d) of
Telecommunications Law for allegedly defaming U Wirathu, a prominent ultranationalist
Buddhist monk of Ma Ba Tha association after he shared a news story including interviews
with the lawyer and general secretary of Ma Ba Tha and another Buddhist monk, U Sein
Tita, slamming the monk that “I heard Wirathu has committed violation of the Parajika
(code for Theravada Buddhist monk) and his monkhood has ended. Perhaps he committed
violations of Parajika not just now.” regarding to the murder of lawyer U Ko Ni, legal advisor
of National League for Democracy (NLD). The plaintiff of this case was a member of Ma Ba
Tha association called Ko Kyaw Myo Shwe who filed the lawsuit under Section 66(d) of
Telecommunications Law at local police station (7) in Maha Aung Myay township due to U
Wirathu’s order on March 7, 2017
Ko Swe Win who dwells in Yangon had to regularly travel to Mandalay to attend the court
appearance until the court dismissed the case on July 2, 2019 as there was no clear evidence
that his act committed the offence in legal provision besides the complainants failing to
attend the court hearing. After the case, Ko Swe Win continued writing investigative news
related to the top leaders of Myanmar army for public interest. With controversy against
the court decision, however, the plaintiff Ko Kyaw Myo Shwe appealed the case at Mandalay
district court on August 26, 2019, the court accepted and decided to hand the case to the
respective township court to resume it.
4.7
Satirist Sued for Making Funs of The Tatmadaw
Editor-in-chief of the Voice Daily, U Kyaw Min Swe and satirist British Ko Ko Maung were
sued by the Tatmadaw under Section 66(d) of Telecommunications Law after publishing a
satire entitled Kyi Htaung Su Thit Sar (the faith of bullet union) which literally mocks a
propaganda film produced by the Tatmadaw entitled Pyi Htaung Su Thit Sar (the faith of
union) on social media. The court later decided the satirist should be released because he is
not the one who posted the satire online and U Kyaw Min Swe only remained to face the
trial. However, the Tatmadaw filed another lawsuit under Section 25(b) of News Media Law
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Chapter (4): Media Freedom