Amnesty International, USA, August 8, 2017
Kyaw Min Swe, chief editor of The Voice newspaper was released on bail on 4 August 2017, after spending two months in detention. He remains on trial for the charge of “online defamation” under Section 66(d) of the 2013 Telecommunications Law for a satirical article written by Kyaw Zwar Naing, a regular contributor to The Voice Daily, published on 26 March 2017 and later posted on the newspaper’s Facebook page. The article mocked a military-produced propaganda film, translated as “Union Oath”. The court proceedings remain ongoing and Kyaw Min Swe could face up to three years’ imprisonment if found guilty.
Kyaw Zwar Naing, arrested with Kyaw Min Swe on 2 June 2017, was released on 16 June after the court decided to drop the charge of “online defamation” against him. However, both men have now been charged under Article 25(b) of the 2014 Media Law for “a writing style which deliberately affects the reputation” of a person or organization. The wording of this provision is vague and overly broad, opening the law up to arbitrary or abusive application. Both men could be fined up to 1 million kyats (approx. 717 USD) each if found guilty.
There are numerous repressive laws in Myanmar, including the 2013 Telecommunications Law and the 2014 Media Law, which impose arbitrary and sweeping restrictions on the right to freedom of expression. These laws leave human rights defenders, peaceful activists, journalists and ordinary members of the public at risk of arrest and imprisonment for their peaceful activities.