Journalists face 'lesser charge' over false article

 

The July 7 report quoted leaflets handed out by members of the activist group Movement for Democracy Current Force (MDCF). MDCF is among the most vocal and provocative opponents of the current government, which it dismisses as illegitimate, untrustworthy and unconcerned about the plight of the poor, especially farmers whose land has been grabbed. 

Staff at Bi Mon Te Nay Journal had been charged by police from Special Branch for violating Articles 5 (d) and 5 (j) of the 1950 Emergency Provisions Act, but on August 4 the Pabetan Township Court charged them with violating Section 505 (b) of the Penal Code. The section can be used to jail anyone who publishes and disseminates information that may – among other things – alarm the public. It was used frequently by the previous junta to stifle dissent.

The initial charges stemmed from an investigation into the journal that began, according to state media,   the same day the issue with the false report was published. State media said the report could confuse the public, defame the government, undermine the stability and damage the public’s interests. 

Special Branch police subsequently began arresting reporters, editors and the publisher of the journal. Their reach extended into Thailand. On July 20, publisher Yin Min Htun, journal owner Kyaw Min Khaing and his wife Ei Ei San, were arrested in Mae Sot and extradited to Myanmar. Ei Ei San was subsequently released as there was no evidence against her.

On August 4 the Pabetan Township Court also dismissed the charges against editor Ye Min Aung, citing lack of evidence.

Five other defendants, however, were charged with violating Section 505 (b) of the Penal Code. They are editors Naing Sai Aung and Win Tin, reporter Kyaw Zaw Heing, publisher Yin Min Tun and journal owner Kyaw Min Khine.

Robert San Aung, the lawyer representing them, linked the lessening of charges against the five to the meeting on August 1 between President Thein Sein and the interim Myanmar Press Council in Nay Pyi Taw. The president agreed that the council will mediate disputes with the media, members of the press council said after the meeting.

Robert San Aung agreed. “The meeting between the president and the interim MPC proved very fruitful,” he said. “One can be sentenced to two years at most under the new charge, or it could result in a fine. I think actions against the media sector will be relaxed,” he added.

Than Htay, joint secretary of Myanmar Journalists Network, disagreed, saying: “Changing the charge is not enough.” He said that if the defendants receive the severest punishment possible under the new charge this would show that attempts to control the media were not being relaxed.

The next hearing is scheduled for August 14.