61 rights groups call for repeal of online defamation law

A collective of 61 Myanmar and international rights groups, including Amnesty International, the Committee to Protect Journalists, and ASEAN Parliamentarians for Human Rights have called on Myanmar’s Ministry of Transport and Communication and the parliament to repeal Section 66(D) of the 2013 Telecommunications Law.

James Gomez, Amnesty International’s director for South East Asia and the Pacific, said: “Today, 61 local and international human rights organizations have come together to call on the government to scrap this rights-abusing provision. In the last year, we’ve seen an alarming increase in the number of people being arrested and charged for their peaceful online activities – in some cases, simply sharing images or articles which mock the military or the government. This has to stop. The government must repeal or amend repressive laws to ensure that no one can be jailed for peacefully expressing their ideas and opinions.”

Section 66(D) outlaws “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening any person using a telecommunications network.” It has been used repeatedly to stifle criticism of Myanmar authorities. According to the petition, at least 71 people are known to have been charged for online defamation under the law.

The signatories to the petition write that failure to repeal the law would “raise serious questions about the government’s commitment to freedom of expression” and potentially silence reporting on “on public sector mismanagement, harmful and illegal business practices, and corruption,” thus undermining Myanmar’s responsible business agenda.

The groups highlight several of the law’s deficiencies:

• It restricts freedom of expression, but in an irresponsibly vague way. Restrictions should be clear and narrowly defined.
• It fails to recognize that “public figures are necessarily subject to a greater degree of criticism than private citizens.”
• It allows anyone to file a complaint, even people other than the person who has allegedly been defamed.

The petition also sides with UN in asserting that defamation should never be a criminal offence. They advise Myanmar to treat defamation as a matter of civil rather than criminal law.

Furthermore, it points out that restrictions on free speech have done nothing to tamp down hate speech and recommends “promoting intercultural dialogue and education on diversity and pluralism” as an alternative solution.

Below is a full list of the signatories:

1. Alin Mee Ain
2. Alternative ASEAN Network on Burma (Altsean-Burma)
3. All Arakan Students’ and Youths’ Congress (AASYC)
4. Amnesty International
5. Arakan Rivers Network (ARN)
6. Area Peace and Development Forward
7. ASEAN Parliamentarians for Human Rights (APHR)
8. Assistance Association for Political Prisoners – Burma (AAPP-B)
9. Association of Human Rights Defenders and Promoters (HRDP)
10. Association Suisse Birmanie (ASB)
11. Burma Campaign UK (BCUK)
12. Burma Human Rights Network (BHRN)
13. Burma Link
14. Burmese Rohingya Organisation UK
15. Charity-Oriented Myanmar
16. Cherry Images
17. Christian Solidarity Worldwide (CSW)
18. CIVICUS
19. Civil Rights Defenders (CRD)
20. Colors Rainbow
21. Committee to Protect Journalists (CPJ)
22. Equality Myanmar (EQMM)
23. Farmer Rights and Development Organization
24. Farmer Union, Magway
25. Fortify Rights
26. Free Burma Campaign (South Africa)
27. Free Expression Myanmar (FEM)
28. Future Light Center
29. Gender Equality Network
30. Green Network Sustainable Environment Group
31. Human Rights Documentation-Burma (ND-Burma)
32. Human Rights Educators Association (HREA)
33. Human Rights Educators Network (HREN)
34. Human Rights Foundation of Monland (HURFOM)
35. Human Rights Watch (HRW)
36. Info Birmanie (France)
37. Institute for Asian Democracy
38. International Campaign for the Rohingya
39. International Commission of Jurists (ICJ)
40. International Federation for Human Rights (FIDH)
41. Karen Human Rights Group (KHRG)
42. Korean House for International Solidarity
43. Magway EITI Watch Group
44. Mon Youth Educator Organization (MYEO)
45. Mwetaung Area Development Group
46. Myaing Youth Development Organization
47. New Generation (Shan State)
48. Nyein Chan Yar
49. Norwegian Burma Committee
50. Odhikar
51. Peace and Justice Myanmar (PJM)
52. Progressive Voice (PV)
53. Promotion of Indigenous and Nature Together (POINT)
54. Reporters Without Borders (RSF)
55. Shwechinthae Social Service Group (Shwe Bo)
56. Swedish Burma Committee
57. The Seagull: Human Rights, Peace & Development
58. United-ACT
59. US Campaign for Burma
60. Women and Peace Action Network (Shan State)
61. Women Peace Network