Saturday, June 10, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

This Week in Parliament (June 5 – 9)

Posted: 09 Jun 2017 09:58 PM PDT

Monday (June 5)

The Lower House approved discussion of a proposal from lawmaker Dr. San Shwe Win urging the government to establish a national health insurance system to ensure universal health coverage for every citizen.

In the Upper House, U Tet Tun Aung of Arakan State Constituency (2) asked if the Union government had a plan to relocate, both in the short and long term, Buddhist Arakanese people from across the state to Arakanese-only villages in Maungdaw and Buthidaung townships, which have a Muslim majority. Deputy Minister for Border Affairs Maj-Gen Than Htut replied that the government had been building "ethnic model villages" since 1990, and had relocated Arakanese people from Rangoon to such locations 19 times, and supported the relocation of more than 740 households of ethnic Buddhist Arakanese from neighboring Bangladesh to Burma.

Tuesday (June 6)

The Union Parliament approved President U Htin Kyaw's proposal to sign the agreement for the establishment of the Asian Forest Cooperation Organization.

It also approved the President's proposal to sign the Agreement on Cooperation in Natural Disaster Early Warning and Mitigation between Asean and the Russian Federation.

Wednesday (June 7)

The Lower House agreed on Wednesday to discuss a proposal urging the Union government to reform policies affecting nurses and midwives serving in public hospitals, submitted by lawmaker Daw Yin Min Hlaing of Magwe Division's Gangaw Township.

In the Upper House, lawmakers asked questions about educational facilities in their respective constituencies.

Thursday (June 8)

The Lower House recorded a proposal by Minbu Township lawmaker U Win Win which urged the Union government to distribute domestically produced urea fertilizer to farmers at reasonable prices, after Deputy Minister for Electricity and Energy Dr. Tun Naing said that the government could only meet seven percent of domestic demand, and that the private sector had to import the remaining 93 percent. He promised to improve the packaging of fertilizer.

In the Upper House, lawmakers discussed a proposal from Dr. Tin Tin Win of Pegu Constituency (5) that urged the Union government to incorporate the subjects of reproductive health, civic education and democracy into the curriculum of high schools and colleges in Burma.

Friday (June 10)

The Union Parliament expressed condolences to bereaved families of victims in a military plane crash tragedy, with lawmakers observing two minutes' silence.

According to figures issued by the military, 14 crew members and 108 military staff members and their families, including 15 children, were on board when the welfare plane crashed into the Andaman Sea on Wednesday, and 32 bodies—three males, 21 females and eight children—have been recovered on Friday.

The aircraft was purchased from China and put into service in March of last year. It was also used to transport 6.5 tons of food supplies to victims of Cyclone Mora in Arakan State.

The post This Week in Parliament (June 5 – 9) appeared first on The Irrawaddy.

The Irrawaddy Business Roundup (June 10)

Posted: 09 Jun 2017 09:51 PM PDT

Investment Forum Seeks to Attract Foreign Interest

Burma made a bid to boost foreign investment interest in the country at a two-day conference in Naypyidaw this week.

The forum hosted by the Myanmar Investors Development Association (MIDA) was attended by more than 100 economic organizations, 90 foreign enterprises and almost 200 Burmese business people.

Vice President U Myint Swe, Planning and Finance Minister U Kyaw Win and Vice Commerce minister U Aung Htoo outlined Burma's economic and trade policy and the importance of foreign investment to drive growth in the country.

U Kyaw Win predicted that Burma's economy was "ready for take-off" while some business persons expressed more caution, the Irrawaddy reported.

U Aung Naing Oo, Director General of the Directorate of Investment and Company Administration gave an update on the investment environment following the implementation of the new Myanmar Investment Law and Rules and discussed the changing nature of Burma's economy.

Chinese, Thai and Indian potential investors were strongly represented at the event, the Irrawaddy said in another report.

The World Bank expected economic growth in Burma to decrease from 7.3 percent in 2015-16 to 6.5 percent in 2016-17. It projects medium-term growth to average at 7.1 percent per year.

Singapore Strengthens Economic Ties with Burma

The Myanmar Investment Commission has signed a memorandum of understanding with the official trade agency International Enterprise (IE) Singapore to strengthen economic ties between the two countries.

The deal will enhance opportunities for Singapore firms to explore collaboration in business ventures in sectors such as housing, transport, manufacturing, energy and others.

The signing was witnessed by Singapore's Minister for Trade and Industry Lim Hng Kiang and Burma's Minister for Planning and Finance U Kyaw Win, on the sidelines of the 6th Singapore-Myanmar Joint Ministerial Working Committee meeting.

"Myanmar has shown steady growth since its political and economic reforms started in 2011," said IE Singapore's assistant chief executive Tan Soon Kim.

"While teething challenges are present, as with any emerging economy, we note the government's efforts to create a conducive business environment for foreign investors," he said.

IE Singapore has facilitated a number of investments in Burma including the recent negotiation of the BreadTalk franchise with conglomerate Shwe Taung at Junction City Mall in Rangoon.

The trade agency has also been working with infrastructure consultancy firm Surbana Jurong to expand in Burma. The firm is already involved in 40 projects across Burma in Rangoon, Bago, Mandalay, Arakan State and the Irrawaddy region, according to the Straits Times.

Thailand Opens Ex-Im Bank Branch in Rangoon

Thailand's Export Import Bank opened its first overseas representative office in Rangoon this week.

The bank will support Thai investors who are operating mainly infrastructure projects in Burma in the energy, electricity, industrial estate, logistics, hotels, construction and sugar sectors among others, its chief representative in Burma Woramin Thavarabha told The Nation.

The bank has already provided loans of up to 10 billion baht to Thai investors in Burma, Woramin said.

Some projects among an additional 18 significant Thai investment deals in Burma worth more than 700 billion baht have also applied for loans to the bank, he said.

The bank will also provide loans to Burmese companies that import raw materials from Thailand or that employ Thai staff. In addition, it will provide advisory services to Thai companies interested in operating in Burma, he said.

The Ex-Im bank was also due to sign a memorandum of understanding with the Myanmar Foreign Trade Bank to share experiences and information on investment between the countries, Woramin added.

Property Portal Raises funds

The property portal ShweProperty.com has raised an undisclosed amount of funding from French investor Gilles Blanchard, the co-founder of French property site Seloger.com, start-up website e27 reported.

ShweProperty was founded in 2011 and is led by CEO Justin Sway. It has around 100,000 property listings and connects buyers, sellers and renters.

Justin Sway is also co-founder of Burma-based jobs portal JobNet.

"Gilles has a fantastic track record and deep understanding of the property portal business, particularly in emerging markets. This, combined with our strong local management team, experienced shareholder base, and years of business experience, will help us to achieve our vision to lead and shape Myanmar's real estate industry," Sway said.

Blanchard is joining the Burma operation as an advisor as well as a shareholder. He departed from Selagor in 2011 through a S$846 million sale to German media conglomerate Axel Springer.

He is chairman of Pakistan-based property portal Zameen.com and Dubai-based property site Bayut.com, and is involved with the BProperty.com site in Bangladesh.

Malaysian Firm Wins Rangoon Deal

Malaysia firm Bintai Kenden Corp has won a $17.5 million deal to undertake air-conditioning and fire protection installation work in two developments in Rangoon.

The group's subsidiary Bintai Kindenko Myanmar was awarded the contract by Soilbuild Myanmar, the firm said in a filing with Bursa Malaysia at the end of May.

The contract is for work on the Somerset Serviced Apartment and 68 Residence property developments in Bahan Township.

The group expects the work to be completed by July 2018, according to a report in the EdgeMarkets.

The post The Irrawaddy Business Roundup (June 10) appeared first on The Irrawaddy.

Ethnic Media in Burma

Posted: 09 Jun 2017 09:36 PM PDT

After reforms by Myanmar's post-2011 government, the landscape for both mainstream and ethnic media has changed dramatically, with new media outlets blooming.

Abolishing the country's censor board and welcoming exiled media groups to publish in-country, the quasi-civilian Thein Sein government pursued major advances toward press freedom. More than 885 publications—including 50 published in ethnic languages—have been approved by the government, up from 300 registered in 2014. Among these publications are three Chin language daily newspapers, 40 ethnic language journals and seven ethnic language magazines, according to Pe Myint, minister of information.

The ethnic language publications, in particular, represent a notable expansion of ethnic media—a term I define elsewhere as "publications, broadcasts or websites that are associated with ethnic minority peoples and that focus on ethnic minority concerns, regardless of whether they use Burmese or an ethnic minority language." Also included as part of "ethnic media" are "state-based" and "locally-based" periodicals, distributed in ethnic minority areas in Myanmar, that take up ethnic-minority concerns.

Under the present administration, led by Nobel Laureate Aung San Suu Kyi and her National League for Democracy (NLD), many Burmese media onlookers believe that the media industry will see further progress. However, according to a recent PEN Myanmar press release on World Press Freedom Day, the country's free expression score is only eight out of 60 possible points. Limited access to information, markets, and funding, harassment of journalists and editors, as well as difficulties in securing long-term sustainability were the main barriers for media groups, both ethnic and mainstream Burmese.

Moreover, journalists and editors face possible lawsuits under 66(d) of the Telecommunication Law, which can result in a prison sentence of up to three years for defamation using a telecommunications network. At least 54 people have been charged under this law, with eight people sentenced to prison for their posts on social media, according to a letter from Human Rights Watch to the attorney general and officials from the Ministry of Transport and Communications. Recently, Yangon-based The Voice Daily editor-in-chief and regular satire contributor faced a lawsuit filed by the military under 66(d).

Despite these difficulties, daily, weekly and monthly publications, covering news, sports, entertainment and astrology, both in Burmese and in ethnic languages, are being published in Myanmar. Some publications survive, but many periodicals have disappeared.

The problems facing ethnic media vary depending on the state and region. Some ethnic media or local-and state-based publications cannot maintain their publications in the long term because of heavy dependence on international donors, limitations of their markets, and a lack of human resources. Kantarawaddy Times of Karenni State, for example, depends heavily on the support of international donors, a problem many ethnic media organizations face given that they must compete with the mainstream Burmese publications.

Ethnic media groups face human resource problems because they cannot provide attractive salaries to professional journalists and editors, as mainstream publications can. Despite these challenges, some ethnic media groups are trying to take advantage of opportunities brought about by the advance of technology, using social media to share what is happening in their area. The Danu ethnic group from Shan State, for example, established the Voice of Danu Facebook page to share their concerns. With Internet capable cellphone penetration dramatically increasing (to 70 percent in 2015, according to Freedom House) and the number Facebook users also rising (reaching 11,000,000 in 2016, according to Internet World Stats), many groups see the Internet as central to the future of Myanmar's ethnic media.

Among them is Tai TV Online, an ethnic media organization based in Chiang Mai, Thailand, which posts its content to social media platforms like Facebook and YouTube to try to break the constraints of the media. It sustains itself with no support from international donors, and, despite being without a stable market, has rich human resources. Established in 2013, Tai TV Online is made up of 19 members who are construction workers, domestic workers, sewing workers and students from Chiang Mai in Thailand and Shan State. One of the founders of Tai TV Online, Nang Kham Ing (who learned journalism while working for formerly-exiled Democratic Voice of Burma and Myanmar Radio and Television for over more than a decade) describes the organization.

"We base ourselves on the idea that people who have mobile phones can be journalists. In the community, there are members who are interested in media, so it is a place for them to experiment and test," said Kham Ing, adding that all workers who are interested in the media can voluntarily become journalists and presenters for their online media platform.

Tai TV Online is an example of how ethnic media can build community-linkages across the Thailand-Myanmar border as members share news, ideas, culture and language, while also proving that migrant workers have media skills that can be developed. All members are volunteers, working as journalists and presenters when they are free, yet aiming to produce TV programs once a week. Most clips are three to 10 minutes, with content on a wide number of topics: internally displaced persons, war, migration, landmines, Shan literature, and the environment. Members learn computer and editing skills from other student members who are from the media and share their knowledge within their media group. All facilities are placed in the Migrant Learning Centre (MLC) in Chiang Mai, and the organization has survived for four years without the support of international donors, though it still faces many financial hardships.

Finances and funding remain huge obstacles for ethnic media's long-term sustainability. The funding of ethnic media groups in Myanmar varies, with some depending on their own funding. My previous work argues that dependence on financial support from international donors resulted in negative experiences for Hsen Pai, a Shan language journal now trying to rely on self-funding, on local donors or shareholders from the Shan community, and on sales and advertisers.

Yet, some ethnic media still heavily depend on international donors to such an extent that they cannot stand on their own feet. When they have tried to stand on their own, they cannot effectively increase their income from media production. While the former exile media Irrawaddy Publishing Group and DVB Multimedia Group earn income from their websites and from online advertisements, ethnic media groups like Tai TV Online have also tried this model, but often their staff struggles to create or attract such advertisements. Ethnic media groups also note that they do not receive financial support from the government.

"We wish to receive income for our program. We tried to receive money using YouTube but we failed," said Kham Ing, noting that, while his group knew their content could earn money from online advertisement, their members did not have sufficient IT knowledge to implement such a model.

More international funding is not the solution for the sustainability of ethnic media, but cutting funding before the ethnic media groups can stand on their own would lead to wasted resources. The Hsen Pai model for self-funding is good, but different groups have different challenges. Rather than providing financial support, donors might think of offering IT trainings regarding how media groups can earn income from online advertisements, or support the creation of a way to sell ethnic media products to big media groups.

Nai Akar, one of the editors of the Mon State based bi-lingual Than Lwin Times Journal, said all state- or ethnic-based journals in Mon State are financially unprofitable. According to Akar, in the small market of Mon State, there are four state-based journals—two are mainly published in the ethnic Mon language, one with bi-lingual content, and one published in Burmese. "Now information can be accessed from social media, especially in Myanmar. Many young generations do not buy journals to read," he said, adding that some media groups' strategy to produce video clips for the news is a way for long-term sustainability, as they can sell these to other big media groups.

As for Tai TV Online members, they only produce web TV they than post on YouTube and Facebook, where they have 93,716 followers and over 87,678 likes. These figures are much higher than other long-operated ethnic media sources such as Karen Information Centre (with 21,471 likes), Shan Herald News for Agency (with 15,205 likes), and Mon News Agency (with 35,170 likes), but still much lower than those of mainstream Burmese media.

Yet, despite its popularity, Tai TV Online has limitations as they only use Shan and Thai languages, which cuts off possible links with other ethnic minority groups. However, the founder views this as a strength of their agency: "Using mother language can provide news for people who cannot speak other languages. We receive trust and confidence from our sources who speak the same language. We can collect direct reliable facts without passing through the interpreter. Some locals are afraid to talk if you ask in Burmese or English. We can directly feel their sensitivity," said Kham Ing.

Three years ago, Thai Public Broadcasting Service's citizen journalist program offered Tai TV Online the opportunity to launch a 15-minute daily Shan language program with Thai language caption to be broadcast on their channels. They had to refuse because they cannot produce such content on an everyday basis, as Kham Ing explains: "Some volunteers who wish to be journalists have to earn their living, so they cannot focus on reporting all the time. The offer is just an offer but does not include the means or the 'how' to pay for the work." But compared to other media, Nang Kham Ing explained, Tai TV Online's strength is that their diverse network of members can receive news from communities' nooks and corners.

Sai Leik, a Burmese researcher who monitors the current peace process, reflects on this idea, recalling the Kokang and Burmese Army (Tatmadaw) conflict in 2015. In cases such as this, it is ethnic media that becomes a window into such events, when information is difficult to collect. "In my opinion, ethnic media groups have consistent reporting about battles in the ethnic areas. After Tatmadaw warned the media to not contact the Kokang rebels, almost all mainstream media stopped reporting Kokang battle news but ethnic media continued to report about it. But some ethnic media cannot reach the official spokesperson from Tatmadaw for response," he said.

Aung Lwin, a regular contributor of the locally-based The Tanintharyi Weekly who faced a defamation lawsuit for an essay about a fish lamenting the destruction of a local creek in the Tanintharyi region, explains that the local journal is one of the driving forces for the local government to implement change under the new government. While Yangon-based journals have limitations reporting about the region, Tanintharyi-based media can fill the gap, he noted: "Reading Tanintharyi is having food prepared at home but reading others' press is like eating a meal outside. This is the most significant." In this regard, the role of ethnic media is important for the society in Myanmar, but few people acknowledge and realize it.

During the Fourth Ethnic Media Conference, held in Arakan State on February 2016, ethnic media called on the government to recognize them as equal to mainstream media, while also discussing the need for entry to state and regional parliament along with future funding from the government. Many ethnic media groups remain frustrated.

"…There is no progress. They do not believe and satisfy us. They replied that they will publish their own journal," said Say Reh Soe, editor of Kantarawaddy Times, adding that NLD's new state government media relations is poor compared to the former government.

Despite hardships, it is Tai TV Online's future vision to launch a Tai National Channel. In April, without the support of donors and in opposition to the market, they took their first step. The founders discussed with other seven Shan media groups from Myanmar what it would take to materialize their vision.

The media groups agreed to use the same Shan language for the new technological terms and to avoid reports that can inflame racism and violence between different ethnic groups. Then, they opened a group on Line, an application that allows to ring free calls and messages through which they will share information and help with Tai media groups based both inside and outside Myanmar.

Such innovative solutions must be found if the blooming ethnic media groups are to find long-term sustainability and avoid quickly disappearing due to limitations of funding and constraints on human resources. As Zeya, a poet and journalist for DVB multimedia group, more famous under his pen name Thargyi Maung Zeya, said, ethnic media is like a blooming flower surrounded by the thorns:

"[Ethnic media] are just living without a noise of breath between Myanmar's Tatmadaw (army) and ethnic armed groups," he said. "The support for ethnic media from the international countries is like a drop of water for a dying person.

Ko Htwe is a postgraduate student at Cardiff University studying Journalism, Media and Communication. His research "The Role of Ethnic Media in New Myanmar" was published by Chiang Mai University, Thailand. He has also written articles for Bangkok Post, Asia Sentinel, Walkley Magazine, DVB, Irrawaddy and Karen news.

 This article originally appeared in Tea Circle, a forum hosted at Oxford University for emerging research and perspectives on Burma/Myanmar.

The post Ethnic Media in Burma appeared first on The Irrawaddy.

Demonstrators in Canada Call on State Counselor to Address Ethnic Suffering

Posted: 09 Jun 2017 09:28 PM PDT

Demonstrators, including ethnic Karen and Kachin refugees, called on Daw Aung San Suu Kyi to listen to the suffering of ethnic people at the hands of the Burma Army at a protest in Toronto, Canada on Friday.

Several dozen demonstrators, some wearing traditional ethnic dress, waved posters, placards and ethnic Kachin and Karen flags at Toronto City Hall.

Demonstration organizer and leader of the Karen Community of Toronto, Naw Sheila Htoo, shouted through a loud speaker: "We are here to show support that she [Daw Aung San Suu Kyi] really needs, we hope our leaders can hear our cries today and bring justice."

The State Counselor visited Toronto to meet members of the overseas Burmese community as part of her five-day tour of Canada. She travels to Sweden on Saturday.

"There is a great pressure on refugees [from Burma] in Thailand to return to Burma. However, the Burma Army continue to occupy villages and farmland, making return difficult or impossible for many villagers," Naw Sheila Htoo said.

Demonstrators hold a banner calling for Daw Aung San Suu Kyi to ethnic people. (Photo: Karen Community of Canada.)

Protestors called on the Burma Army to end their offensives in Kachin State and for the demilitarization of Karen State, so that refugees can return home.

Posters read: "Demilitarization Before Repatriation," "Burma Army Get Out of Our Land," and "Stop Civil War in Kachin State."

Another placard read: "Welcome Aung San Suu Kyi. Please listen to the cries of our people." Demonstrators called on Canada not to cooperate with the Burma Army.

Amid concerns over Burma's peace process by ethnic refugees, Canada's Prime Minister Trudeau announced US$8.8 million in support for humanitarian assistance and the advancement of peace and stability in Burma.

The announcement came after Burma's State Counselor Daw Aung San Suu Kyi met with Prime Minister Trudeau on Wednesday in Ottawa.

Ethnic Karen refugees in Canada also released an open letter on the arrival of Burma's State Counselor Daw Aung San Suu Kyi, raising concerns over the militarization in Karen State while the Union government pushes ahead with the peace process.

Canada and Burma established diplomatic ties when Burma gained independence from the British in 1948. Canada has disbursed more than $95 million to Burma in official development assistance since 2013, according to the prime minister's website.

A Karen flag at the demonstration in Toronto. (Photo: Karen Community of Canada.)

The post Demonstrators in Canada Call on State Counselor to Address Ethnic Suffering appeared first on The Irrawaddy.

Dateline Irrawaddy: ‘Those in Power Have Given the Wrong Message by Using This Law’

Posted: 09 Jun 2017 09:18 PM PDT

Ye Ni: Welcome to Dateline Irrawaddy! This week, we'll discuss the controversial Article 66(d) of the Telecommunications Law. Poet Maung Saung Kha and director of the Myanmar Journalism Institute U Sein Win join me for the discussion. I'm Irrawaddy Burmese editor Ye Ni.

Under the new government, there have been a total of 61 cases filed under Article 66(d). But under the previous government, there were only seven cases and only five were given penalties. Under the new government, there have been 61 cases, 11 have been given penalties, and seven were denied bail and are awaiting trial behind bars. Why has the number of cases filed under Article 66(d) increased under the democratically elected government? Does this show a lack of maturity and tolerance? Ko Saung Kha, you have been conducting research and campaigns to change Article 66(d), which you were also jailed under for a poem deemed defamatory to former President U Thein Sein. What do you think is behind the increase?

Maung Saung Kha: The Telecommunications Law was enacted in 2013 under former President U Thein Sein's administration and it was not intended to stifle online speech but to regulate foreign telecom operators as they entered the market. But, Article 66(d) of that law has now become a tool to sue netizens and journalists. The previous government began using this law in October, one month before the November election in 2015. In Oct. 2015, Chit Thamee, Patrick Khum Jaa Lee, and I were the first individuals to be charged under Article 66(d). There were only seven cases under the previous government because it only began using it just prior to stepping down. Otherwise, there would have been many more cases.

It continued to be applied under the new government. This created controversy – especially when Rangoon Chief Minister U Phyo Min Thein sued Eleven Media Group under this article. Since then, people have become educated about Article 66(d). They realized that they could use this law to counter online criticism against them. And there have been many cases in which citizens sued each other [as opposed to the government suing citizens]. Besides those 61 cases, there may be many more that have gone unnoticed, for example, cases that were settled at police stations [and did not reach the court]. There may also be cases that reach the court that we do not hear about.

YN: As many as a dozen of these cases were filed against journalists. Some have been jailed and some are still awaiting trial. The case of the Voice Journal was the latest. Ko Sein Win, as a journalist and journalism teacher, what are your concerns regarding Article 66(d)?

Sein Win: It will limit the flow of information and discourage journalists from reporting freely. It will encourage them to practice self-censorship and objectivity will be lost as a result. The objective of reporting is to reveal the truth. Article 66(d) is cause for police arrest, and the law states that judges can grant bail based on their discretion. But you now have the problem of intervention from higher-level authorities in administering justice [those in power intervening in judicial matters continues from previous regimes]. Suing under Article 66(d) has become a developing trend. I am concerned that this has become a tool to oppress journalists.

Suppose I am a man in power. I can use this law to prevent any criticism against me. This will deter people from criticizing me and the flow of information will be limited as a result. A society needs to be built on true information. If there is less of it, there is a real likelihood that authorities will make wrong decisions when managing the country. From a political point of view, we can say national reconciliation has been achieved now. The government, Parliament and the military all have common ground regarding Article 66(d). They all use this article against those who criticize them. This is completely wrong. Is this the legacy they will leave for our country?

YN: Under U Thein Sein's government, journalists started to gain freedom of expression, and people had a greater chance to discuss issues online with greater Internet access.

Supporters of Article 66(d) say this law is necessary to prevent wrongful accusations and defamatory posts. Ko Saung Kha, your research group is calling to amend it but not scrap it. Could you discuss this?

SK: The parliamentarians have concerns. We have pointed out that Articles 499 to 511 in the Penal Code are concerned with defamation. Articles 383 to 389 cover extortion, threats and obstruction—some of the situations stated in Article 66(d).

So, we asked why Article 66(d) was still needed while there are other provisions that cover the situations stated in it. We told them that it was unnecessary. Initially, we recommended that Article 66(d) be scrapped. We suggested amending it if they were unwilling to abandon it. I want to be clear that we first asked them to scrap it.

YN: Which parts would you like to amend?

SK: If lawmakers are not willing to scrap it and only want to amend it, we have pointed out parts of the article that are covered by the Penal Code. We want to refer to the Penal Code regarding legal proceedings, penalties and provisions rather than stretching the definition of Article 66(d). Here, we found that the permission of the communications ministry is also important.

Filing a lawsuit under Article 66(d) should require the ministry's approval, we think. The Burma Army recently sued columnist British Ko Ko Maung. He should not be sued. The ministry should have the authority to leave such cases pending.

We also want to change third party concerns. There are eight cases in which third parties filed lawsuits under Article 66(d) against people who shared posts deemed to be defamatory to State Counselor Daw Aung San Suu Kyi. Maybe they filed lawsuits out of their love for her. However, this will adversely impact the image of the state counselor.

No international law concerning defamation, or the Penal Code, allows a third party to file a lawsuit, and it is therefore unacceptable under the Telecommunications Law. It seems like third parties can even sue friends who jokingly swear at each other. What is worse is that third parties can file lawsuits without being required to seek remarks from the victims deemed to be defamed. This should only be used when victims cannot appear in court – in discreet cases, or for those who are disabled, elderly or feeble. In those cases, third parties can file lawsuits with the victim's permission. In other instances, this is not allowed.

 

YN: Ko Sein Win, looking at the cases filed under Article 66(d), there is currently a total of 21 cases—seven filed by the Burma Army, six by the National League for Democracy (NLD), and eight by third parties on behalf of Daw Aung San Suu Kyi. It is fair to say that those 21 cases are politically motivated. To what extent can Article 66(d) act as a deterrent to the country's democratic transition?

SW: According to our understanding, there are two aspects regarding defamation and personal attacks—one concerns ordinary citizens and the other concerns celebrities, politicians and those in power.

Celebrities and those in power are in high positions. Suppose I mock or satirize the president. I cannot be sued for this; it does not amount to defamation. We are entitled to criticize the president. Whether he likes it or not, he has to bear this in his position. There is no such thing as 100 percent support. Those in power have to tolerate and forgive even if they are unfairly criticized.

In addition, they have to grant intellectual freedom. If those in power are sensitive to criticism, what methods can ordinary citizens use to check the government and the administrative mechanism? I can understand that those in power do not like criticism. But what else can ordinary citizens do except speak critically?

Defamation is no longer a criminal law but a civil case. The British, who enacted this law, changed it. But we continue using it. Now, people do not even bother to file lawsuits under other defamation provisions. Instead, they use Article 66(d) because the police can make arrests and then bail depends on the judge. Looking at cases filed under Article 66(d), we can see that those cases have been filed by lawmakers, the government, the military, and against peer party members or members of other parties. If the upper echelon increasingly uses this law, ordinary citizens will also think that they can use it. Those in power have given the wrong message by using this law. They should stop immediately.

YN: Thank you for your contributions.

The post Dateline Irrawaddy: 'Those in Power Have Given the Wrong Message by Using This Law' appeared first on The Irrawaddy.
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