- Update info:
- 30 Sep 2017 (Suspended)
- Latest info:
- 17 Jul 2017 (Updated)
- 20 Jun 2017
- Country:
- UNION OF MYANMAR
- Subject:
- Kyaw Min Swe and Kyaw Zwar Naing
Gender m/f: both m
- Period:
- 30 Oct 2017
- Distribution date:
- 20 Jun 2017
- UA No:
- 137/2017
Two media workers have been detained and charged with “online defamation’’ in connection with a satirical article mocking the Myanmar Army. They each face up to three years’ imprisonment if found guilty and convicted. They are prisoners of conscience who must be immediately and unconditionally released.
On 2 June 2017, Kyaw Min Swe, 47, Chief Editor of The Voice Daily newspaper and Kyaw Zwar Naing, 30, one of its regular contributors, were arrested in Yangon, Myanmar’s largest city. Early that afternoon, police came to The Voice Daily’s office and took the two men to the police station where they were subsequently placed under arrest. Both have been kept in detention since. The next day Bahan Township Court officially opened a case against them for “online defamation” under Section 66(d) of the 2013 Telecommunications Law. The charge carries a maximum of three years’ imprisonment.
The charges relate to a satirical article Kyaw Zwar Naing wrote that was published on 26 March 2017 in The Voice Daily and later posted on the newspaper’s Facebook page. The article entitled “Oath of the Nation of Bullets” mocked a military-produced propaganda film, translated as “Union Oath”. Members of Myanmar’s military complained about the article to Myanmar’s Press Council in April, claiming it could cause divisions between senior and low ranking soldiers. The Voice Daily reportedly issued an apology on 14 May.
Following a decision on 8 June by Bahan Township Court to deny them bail, Kyaw Min Swe and Kyaw Zwar Naing were transferred to Insein prison, Yangon. Kyaw Min Swe suffers from a health condition which requires daily medication. Their next hearing is scheduled for 16 June.
more
ADDITIONAL INFORMATION
The Myanmar authorities continue to arrest and imprison individuals solely for the peaceful exercise of their right to freedom of expression. In the past two years, there has been an alarming increase in the number of activists and individuals prosecuted under Section 66(d) of the 2013 Telecommunications Law for “defamatory” Facebook posts. People have been arrested and charged for Facebook posts critical of the Myanmar Army, the former government as well as members of the government led by the National League for Democracy (NLD).
Article 66(d) of the 2013 Telecommunications Law provides for up to three years’ imprisonment for “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network”. The Myanmar government is currently reviewing the 2013 Telecommunications Law.
The right to freedom of expression is enshrined in Article 19 of the Universal Declaration of Human Rights (UDHR). Under international human rights standards, the right to freedom of expression extends to “all forms of audio-visual as well as electronic and internet-based modes of expression”. Amnesty International opposes laws criminalizing defamation, whether of public figures or private individuals, and considers that defamation should be treated as a matter for civil litigation.
In addition, the human right to freedom of expression extends to ideas of all kinds, including those that may be considered insulting or offensive. The mere fact that forms of expression are considered to be insulting to a public figure or institution, who are legitimately subject to criticism, is not sufficient to justify the imposition of penalties. In particular, states should not prohibit criticism of institutions, such as the army.
There are numerous repressive laws in Myanmar 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.
UA: 137/17 Index: ASA 16/6476/2017 Issue Date: 9 June 2017
- Update info:
- 30 Sep 2017 (Suspended)
- Latest info:
- 17 Jul 2017 (Updated)
- 20 Jun 2017
- Country:
- UNION OF MYANMAR
- Subject:
- Kyaw Min Swe and Kyaw Zwar Naing
Gender m/f: male
- Period:
- 30 Oct 2017
- Distribution date:
- 17 Jul 2017
- UA No:
- 137/2017
Newspaper editor Kyaw Min Swe remains in detention after a court in Yangon, Myanmar’s largest city, again rejected his request for bail. While charges against his colleague, Kyaw Zwar Naing, have been dropped, Kyaw Min Swe remains on trial for “online defamation’’ in connection with a satirical article mocking the Myanmar Army. He is a prisoner of conscience who must be immediately and unconditionally released.
The bail request for Kyaw Min Swe, charged under Section 66(d) of the 2013 Telecommunications Law, was rejected again by the Bahan Township Court, in Yangon, on 30 June 2017. Arrested on 2 June 2017, along with writer and regular contributor to The Voice Daily Kyaw Zwar Naing, the men were accused of “online defamation” in connection with a satirical article Kyaw Zwar Naing wrote. The article was published on 26 March 2017 in The Voice Daily and later posted on the newspaper’s Facebook page.
On 16 June, the court dropped charges and released Kyaw Zwar Naing on the basis that he wrote the article for print media and did not post it online. Nevertheless, following a summons of both men to the Bahan Township police station on 25 June 2017, there are fears that additional charges may be laid against them.
The article in question, entitled “Oath of the Nation of Bullets” mocked a military-produced propaganda film, translated as “Union Oath”. Members of Myanmar’s military complained about the article to Myanmar’s Press Council in April, claiming it could cause divisions between senior and low ranking soldiers. The Voice Daily reportedly issued an apology on 14 May 2017.
Kyaw Min Swe, who suffers from a health condition which requires daily medication, remains in detention in Yangon’s Insein Prison. His next court hearing is scheduled for 7 July 2017.
more
ADDITIONAL INFORMATION
The Myanmar authorities continue to arrest and imprison individuals solely for the peaceful exercise of their right to freedom of expression. In the past two years, there has been an alarming increase in the number of activists and individuals prosecuted under Section 66(d) of the 2013 Telecommunications Law for “defamatory” Facebook posts. Section 66(d) provides up to three years’ imprisonment for “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening any person by using any Telecommunications Network”. People have been arrested and charged for Facebook posts critical of the Myanmar Army, the former government as well as members of the government led by the National League for Democracy (NLD).
The right to freedom of expression is enshrined in Article 19 of the Universal Declaration of Human Rights (UDHR). Under international human rights standards, the right to freedom of expression extends to “all forms of audio-visual as well as electronic and internet-based modes of expression”. In addition, the human right to freedom of expression extends to ideas of all kinds, including those that may be considered insulting or offensive. The mere fact that forms of expression are considered to be insulting to a public figure or institution, who are legitimately subject to criticism, is not sufficient to justify the imposition of penalties. In particular, states should not prohibit criticism of institutions, such as the army. Amnesty International opposes laws criminalizing defamation, whether of public figures or private individuals, and considers that defamation should be treated as a matter for civil litigation.
There are numerous repressive laws in Myanmar 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.
Further Information UA: 137/17 Index: ASA 16/6658/2017 Issue Date: 4 July 2017
- Update info:
- 30 Sep 2017 (Suspended)
- Latest info:
- 17 Jul 2017 (Updated)
- 20 Jun 2017
- Country:
- UNION OF MYANMAR
- Subject:
- Kyaw Min Swe and Kyaw Zwar Naing
Gender : m
- Period:
- 30 Oct 2017
- Distribution date:
- 30 Sep 2017
- UA No:
- 137/2017
The charges against journalists Kyaw Min Swe and Kyaw Zwar Naing were dropped following an announcement by the Myanmar Army on 1 September 2017. The men had been detained solely for their peaceful exercise of their right to freedom of expression and should never have faced charges in the first place.
In a statement released on 1 September 2017, the Myanmar Army announced it had dropped charges against a number of journalists and activists including Kyaw Min Swe, chief editor of The Voice and Kyaw Zwar Naing, one of its writer and regular contributor. The statement provided that, “in order to keep on working together for the national interest of the country and the people, the Tatmadaw decided to forgive and drop charges against the personnel and media.”
Both men were arrested on 2 June 2017 for a satirical article written by Kyaw Zwar Naing which mocked a military-produced propaganda film. They were later charged under Article 25(b) of the 2014 Media Law for “a writing style which deliberately affects the reputation” of a person or organization. Kyaw Min Swe was also charged for “online defamation” under Section 66(d) of the 2013 Telecommunications Law. Kyaw Min Swe and Kyaw Zwar Naing were released on bail on 4 August and 16 June respectively.
The charge under Article 25(b) of the 2014 Media Law was formally dropped by the court on 14 September, the remaining charge of Section 66(d) of the Telecommunications Law still needs to go through procedural process to be formally dropped.
Kyaw Min Swe and Kyaw Zwar Naing had been detained solely for their peaceful exercise of their right to freedom of expression and should never have been imprisoned and charged in the first place. Amnesty International will continue to campaign for the release of prisoners of conscience in Myanmar.
Thank you to all those who sent appeals. No further action is requested from the UA network.
This is the third update of UA 137/17. Further information: https://www.amnesty.org/en/documents/asa16/6898/2017/en/
Further information on UA: 137/17 Index: ASA 16/7129/2017 Issue Date: 20 September 2017
