ARTICLE 19 strongly condemns the Myanmar military junta’s adoption of a new repressive election law and the subsequent legal action taken against AAMIJ News under its provisions. These developments represent the latest assault on freedom of expression, part of the junta’s ongoing effort to stifle dissent, suppress independent journalism, and undermine the right to participate in public affairs in the lead up to a deeply flawed and undemocratic electoral process. Ahead of the election on 28 December, we call on the junta to uphold human rights, including freedom of expression and the right to peaceful assembly.
On 19 November, the state-run news outlet Global New Light of Myanmar announced that the junta had enacted a new election law that imposes harsh criminal penalties, ranging from three to seven years’ imprisonment, and up to 10 years for ‘group offences’ —for any ‘any speech, organising, inciting, protesting, or distributing leaflets in order destroy a part of the electoral process’. The law further imposes sentences of up to 20 years for damaging ballot papers or polling stations, and intimidating or harming voters, candidates or election workers. In addition, it provides that if anyone is killed during an attempt to disrupt the election ‘everyone involved in the crime faces the death penalty’.
This sweeping law is incompatible with international human rights law, including the right to freedom of expression under Article 19 of the International Covenant on Civil and Political Rights (ICCPR). It also contravenes the principle of specificity required in criminal law and creates a high risk of arbitrary prosecution and punishment. Overall, rather than safeguarding electoral integrity, it is designed to do the opposite: criminalise criticism, intimidate voters, and consolidate military control ahead of a sham election that cannot be free or fair under current conditions.
Against this backdrop, ARTICLE 19 is also deeply alarmed by the junta’s decision to file charges against AAMIJ News for its investigative reporting into a candidate’s alleged involvement in drug distribution. This punitive action directly targets a media outlet for hosting essential public interest reporting.
This comes after a military court in Yangon’s Insein Prison convicted and sentenced AAMIJ contributor Myat Thu Kyaw to three years in prison for alleged incitement under Article 505(a) of the penal code. The Committee to Protect Journalists was told that the conviction was due to Myat Thu Kyaw’s reporting being favourable to the opposition National Unity Government and anti-junta armed groups known as People’s Defense Forces.
Independent journalism is not a threat to democracy, it is its very prerequisite. Prosecuting journalists for exposing wrongdoing constitutes a violation of the right to freedom of expression and undermines media freedom.
ARTICLE 19 calls on the Myanmar military junta to immediately:
- Release freelance AAMIJ contributor Myat Thu Kyaw, who has been detained since January 2023 for his journalistic work.
- Cease all harassment, arbitrary arrests, and attacks against journalists and media workers.
- Ensure that any electoral process is grounded in respect for human rights, including the rights to freedom of expression and the right to peaceful assembly.
ARTICLE 19 further urges the international community, including the Association of Southeast Asian Nations (ASEAN), UN human rights mechanisms, and global press freedom organisations, to take coordinated action to push the junta to release arrested journalists, provide a safe environment for media and journalists in Myanmar, and respect international human rights law. We also urge government donors to support independent Myanmar media as part of their foreign policy efforts — through core funding, cross-border studio supports, investigative reporting partnerships, and the provision of safe and resilient technical infrastructure.
A free, independent, and diverse media landscape is essential to any democratic and economic process. The junta’s actions not only violate international human rights law. They strike at the heart of Myanmar’s struggle for democracy, accountability, and truth.