Research Report on Prosecution of U Aung Ko Ko Lwin under the “Law Protecting the Privacy Security of Citizens”
The Law Protecting the Privacy and Security of Citizens
The Law Protecting the Privacy and Security of Citizens was passed by Pyidaungsu Hluttaw (Assembly of the Union) on March 8th 2017. Legal experts, civil society organizations and activists criticized and opposed the provisions of the law. Although the purpose of law is good, the provisions are much controversial and definitions in the law are vague and inconsistent.
Especially, Article 8(f) of the law is vague and has the similar provisions with Section 500 of Penal Code. Article 10 of the law mentions the maximum punishment of three-year imprisonment for such defamation. Besides, the intent of law to protect the politicians is not implemented. In practice, Special Branch (SB) of police department is still stalking and investigating the activists and politicians.
People’s criticism of government, Hluttaw (parliament), judiciary and governmental departments is a practice of freedom of expression, an inherent, fundamental and universal human right.
Athan has increasingly sent advises to amend or abolish a number of laws in Myanmar which can be used to violate right to freedom of expression, as needed.
Prosecuting of political critics by using this law including U Aung Ko Ko Lwin’s case is restricting the freedom of expression by using of weakness of the law as a tool.