Myanmar: Parliament resists changing Net defamation law

Tweaks to law leave in place threat of jail time for government critics, say human rights activists

By Kyaw Ye Lynn

YANGON, Myanmar (AA) - Despite mounting pressure from diplomats and the media, Myanmar’s parliament on Wednesday passed only mild reforms to a heavy criticized law which criminalizes online defamation.

The changes to the law include allowing bail for suspects and preventing third parties from filing cases.

But a proposal to do away with jail time for alleged defamatory posts on Facebook or other social media was voted down 92-59 in the upper house, dominated by lawmakers from State Counselor Aung San Suu Kyi’s ruling party.

The changes fall short of substantive reform and don’t address the law’s core problems, a prominent human rights lawyer said after the vote.

“The law still criminalizes online defamation,” lawyer Robert San Aung told Anadolu Agency by phone on Wednesday, adding that defamation is not clearly defined in the law.

“The law can still cause trouble for someone for a comment or a post online.”

Section 66(d) of the Telecommunication Law, passed under the previous military-backed administration, lays out prison sentences of up to three years and/or fines for online defamation.

The ruling party National League for Democracy (NLD) has been under pressure, as use of the law has soared since the Suu Kyi-led government took power in early 2016.

To date at least 80 people have been charged with violating the law and at least 16 sentenced to prison, according to the Telecommunications Law Research Team, a campaign led by activists targeted by the law.

Of the cases, 73 people were charged under Suu Kyi’s administration starting in March 2016.

The cases have had a chilling effect on free speech and press freedom, say human rights activists, as enforcement of the law has almost exclusively targeted journalists who criticize the country’s leaders.

Maung Saung Kha, an activist with the campaign, expressed his disappointment at the move.

“That section must be abolished if they [lawmakers] respect freedom of expression,” told Anadolu Agency by phone.

The move shows the ruling party’s lack of will, he said, adding that the tweaks to the law are set to be approved by the lower house, which is also dominated by NLD lawmakers.

“Authorities and influential persons seem want to use it as a shield against accusations.”

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