Myanmar: Editor Wrongfully Charged Counter-Terrorism Law Threatens Press Freedom, Freedom of Information

April 2, 2020 9:20PM EDT
Bangkok) – Myanmar authorities should immediately drop all charges
against an editor for broadcasting an interview with an armed group
representative, Human Rights Watch said today. On March 30, police arrested and charged Nay
Myo Lin, the editor-in-chief of the Mandalay-based Voice of Myanmar, under Myanmar’s overly
broad Counter-Terrorism Law for
an interview with the Arakan Army spokesperson.
In recent weeks, the Myanmar government has expanded
its crackdown on journalists, including several editors. The actions have
severely undermined press freedom and access to information in the country.
“The Myanmar authorities’ assault on media
freedom by arresting journalists who are simply doing their job harms
everyone’s access to information,” said Linda Lakhdhir,
Asia legal advisor. “Nay Myo Lin was unjustly charged and should immediately be
released.”
On March 23, the Myanmar government designated
the insurgent Arakan Army as a terrorist
organization under the Counter-Terrorism Law and as an
“unlawful association” under section 15(2) of the colonial-era Unlawful
Associations Act. On March 27, Nay Myo Lin interviewed the Arakan Army
spokesperson Khaing Thu Kha and broadcast the interview under the title “Peace
Process has stopped.”
The Mandalay Special Branch police filed a
criminal complaint against Nay Myo Lin under sections 50(a) and 52(a) of the
Counter-Terrorism Law. Section 50(a) of the law authorizes a minimum sentence
of ten years and a maximum of life imprisonment for, among other actions,
“causing fear among the public” or “damaging the security of the public.”
Section 52(a) authorizes a sentence of three to seven years in prison for
activities that “knowingly involve a terrorist group.”
Nay Myo Lin’s arrest reflects the government’s
deepening crackdown on independent media. On March 31, police raided the home
of the editor-in chief of the Yangon-based Khit Thit News media outlet. Police
also raided the office of the Sittwe-based Narinjara news outlet, arresting
three journalists – Thein Zaw, Aung Lin Htun, and Htun Khaing – and releasing
them later that evening. The Democratic Voice of Burma reported that
the editor-in-chief of Narinjara, Khaing Mrat Kyaw, has been charged under the
Counter-Terrorism Law but has not been arrested.
“The baseless charges against Nay Myo Lin and
Khaing Mrat Kyaw make clear that every journalist trying to cover Myanmar’s
many conflicts is at risk,” Lakhdhir said. “So too are the humanitarian workers
trying to bring aid to civilians at risk and human rights advocates monitoring
abuse in conflict areas.”
While international human rights law allows
governments to place restrictions on the media for national security reasons,
these restrictions must be strictly necessary for a legitimate purpose and not
be overbroad. They may not be used to suppress or withhold information of
legitimate public interest not harmful to national security, or to prosecute
journalists for reporting such information. For the government to fulfill this
responsibility, journalists should be able to speak to and meet with a variety
of people without fear of arrest or harassment – including those who are in
conflict with the government or military.
The Myanmar government has repeatedly
used draconian laws against journalists for reporting on
military abuses or ethnic armed groups. In 2018, two Reuters journalists were sentenced to seven
years in prison under Myanmar’s Official Secrets Act after uncovering a
massacre of Rohingya Muslims. They were released on a presidential pardon after
spending more than a year in jail. Aung Marm Oo, the editor-in-chief of the news agency
Development Media Group (DMG), which has reported on the
conflict in Rakhine State, is currently facing a complaint under the Unlawful
Associations Act, which carries a sentence of up to five years in prison.
Access to information is rapidly diminishing
under Myanmar’s current government. On March 23, the Ministry of Transport and
Communications instructed four mobile operators to block access to 221 websites
deemed to be spreading “fake news” or containing explicit content, according to the media.
Narinjara and Development Media Group said
that since March 24, they have been blocked by all four mobile operators, which
include Norway’s Telenor, Qatari-owned Ooredoo, military-affiliated MyTel and
the state-owned MPT. Telenor is the only telecommunications provider to
have issued a statement about
the government directive.
The current editor-in-chief of DMG, Phadu Tun
Aung, told local media that by
blocking the only two ethnic-Rakhine media outlets, the government had
effectively silenced ethnic Rakhine voices. “By blocking our websites, [the
government is] restricting the people’s right to information,” he said. Other
registered media outlets in Shan and Karen States and Mandalay region
also reported that they were blocked.
Any government restrictions on websites should
clearly explain why the content is being taken down and should focus on
specific content rather than whole domains.
The government should also lift the continued internet shutdowns in nine townships
in Rakhine and Chin States, which threaten the safety of civilians as fighting between the Arakan Army and the Myanmar armed forces continues.
The blanket shutdown violates international human rights
law, which requires internet-based restrictions to be necessary and proportionate.
Internet service providers should fully resist
unjustified internet shutdowns or takedowns, including by seeking a legal basis
for any shutdown order and interpreting requests to cause the least intrusive
restrictions. They should carry out their responsibilities under the United Nations Guiding Principles on
Business and Human Rights, and avoid complicity in human rights
abuses especially during the COVID-19 pandemic.
“The Myanmar government has increasingly acted
to restrict access to information it does not like and punish those who bring
it to light,” Lakhdhir said. “Counter-terrorism laws should never be used
against journalists for their reporting. Under these circumstances the future
for press freedom in Myanmar is bleak.”
https://www.hrw.org/news/2020/04/02/myanmar-editor-wrongfully-charged