Myanmar: Activist Charges with __�Defamation___ Over Facebook Post
Event- Country
- Myanmar
- Initial Date
- Oct 12, 2015
- Event Description
Authorities in Myanmar have arrested a young opposition activist and charged her with "defamation" after she posted comments online comparing the country's new military uniforms to a sarong worn by Aung San Suu Kyi, the leader of her National League for Democracy (NLD) party. Nearly two dozen officers arrested 25-year-old Chaw Sandy Tun on Monday evening at a meditation center in the commercial capital Yangon and took her to the police station in neighboring Ayeyawady Region's Maubin district, where she was charged in court Tuesday, her friend May Thazin Hnin said. "She was arrested last night and her trial was held today," May Thazin Hnin told RFA's Myanmar Service. "She was charged under Article 34(d) and sent to Maubin jail[pending further court proceedings]," she said, adding that only family members have been permitted to meet with her in custody. Chaw Sandy Tun is next due to appear in court on Oct. 27. May Thazin Hnin said Chaw Sandy Tun had been detained "because she posted a collage[on Facebook] showing Aung San Suu Kyi wearing a green traditional longyi (sarong) next to photos of Commander-in-Chief Min Aung Hlaing and other military personnel donning newly redesigned uniforms" of a similar color. "Text affixed to the image read, "They like the color of Mother Suu's longyi, so they had it tailored and are now wearing it themselves,'" she said. In Myanmar, it is considered an insult to imply that a man would wear a htamein, which is the woman's version of a Burmese sarong. Chaw Sandy Tun was arrested on the same day that Lt-Col Kyaw Htin of the military's Southwest Command in Ayeyawady's Pathein district filed a suit against her under Article 34(d) of Myanmar's Electronic Transactions Law. According to the article, anyone found guilty of altering digital information in a way deemed to constitute "defamation" is subject to up to five years in prison. Chaw Sandy Tun is a former member of the Maubin district Student's Union who had taken part in student demonstrations against a controversial new National Education Law earlier this year in Ayeyawady. She has since resigned from the union and joined the local chapter of the NLD to assist with the party's campaign ahead of general elections set for Nov. 8. May Thazin Hnin said Chaw Sandy Tun had been assisting with flood relief measures in Ayeyawady when she was arrested. The Irrawaddy online journal on Tuesday cited Maubin police chief Thein Aung as saying he was not authorized to comment on the case. Chaw Sandy Tun is believed to be the second person arrested in Myanmar this year after posting comments critical of the country's authorities. In February, authorities in northern Myanmar's Sagaing region arrested freelance photographer Aung Nay Myo after he posted a photo on Facebook which allegedly mocked officials. He was released after three days of questioning. UPDATE: 27/ 10/ 2015 Detained Facebook activist charged for defamation Chaw Sandi Tun, who was arrested for posting a satirical Facebook post about the military, was brought to the Maubin court for a hearing on October 27. She was interrogated in court by plaintiff Lt-Col Kyaw Htin. Her post made a satirical comparison between the colour of the new uniforms of the Tatmadaw (Myanmar Defence Services) and the longyi (traditional skirt) worn by National League for Democracy Leader Aung San Suu Kyi. Chaw Sandi Tun was originally charged under Section 34(D) of the Electronic Communication Act before the charge was changed to Section 66(D). Plaintiff Lt-Col Kyaw Htin submitted a proposal to the court to take action against her for defamation under Section 500 of the law. Lt-Col Kyaw Htin told the court that he saw the post on the Facebook account of Chaw Sandi Tun on October 1 and that he believed the post tarnished the reputation of the Tatmadaw. He reported the post to his superiors and to the Maubin police station. He also said the comparison of a traditional skirt worn by a woman with that of the uniforms of army officers should not be done in accordance with Buddhist customs. "The judge scheduled the trial for November 9. The first charge was changed to Section 66(D). Moreover, she was further charged with defamation under Section 500. We objected to the submission of the plaintiff. We will address the situation in the coming trial," said defence lawyer Aye Aye Win said. Chaw Sandi Tun told journalists she did not want to comment on the case while it is being investigated by the court. "The lawyer will handle all matters concerning my daughter. We need to monitor what will happen at the next trial," said Ei Ei San, the mother of the detained student. Activist Chaw Sandi Tun, 25, was previously involved in the Ayeyawady column of the democracy education boycott and protest. She has also written statuses on Facebook supporting the National League for Democracy and advocating for greater assistance to flood victims. She was arrested by police while attending a meditation camp in Yangon and was immediately transferred to the Maubin police station. She was brought to court the following day. UPDATE - 29 October 2015 A young woman brought to trial in Irrawaddy Division after sharing a satirical post online deemed insulting to the military faces an additional defamation charge, the woman's mother told The Irrawaddy on Tuesday. Chaw Sandi Tun appeared in Maubin Township Court on Tuesday where she was notified of an additional charge being brought against her under Article 500 of the Penal Code, a defamation clause, in addition to an existing charge under Article 66(d) of the Telecommunications Law. Prosecutors have reportedly dropped the original charge filed under Article 34(d) of Burma's Electronic Transactions Law. Twenty-five-year-old Chaw Sandi Tun, also known as Chit Thami, is charged in relation to a photo collage shared online of Aung San Suu Kyi wearing a green traditional htamein, a female longyi, alongside Commander-in-Chief Snr-Gen Min Aung Hlaing and other military service personnel in newly redesigned uniforms. The post compared the new military garb to the apparel of the renowned opposition leader, who chairs the National League for Democracy (NLD) and once served nearly two decades of house arrest under the former military junta. "Today, she was charged under Article 500 of[Burma's Penal Code] for defamation against the commander-in-chief," Daw Ei San, the mother of the accused, told The Irrawaddy on Tuesday. "Initially, they filed a suit against my daughter under Article 34(d) of the Electronic Transactions Law, that then changed to Article 66(d) | [of the Telecommunications Law]." At least three other people are currently facing defamation charges under Article 66(d) for content shared to social media site Facebook. Patrick Khum Jaa Lee, the husband of renowned Kachin peace activist May Sabe Phyu, was arrested earlier this month over a Facebook post deemed to defame the Burma Army. He remains in custody after his second court hearing was deferred on Tuesday. Another incident involves a member of the ruling Union Solidarity and Development Party (USDP) accused of defaming opposition leader Aung San Suu Kyi. A third case was filed against a 23-year-old activist who shared a poem that suggested he had a tattoo of the president on his penis. UPDATE: 24 November 2015 Charges upheld against Chaw Sandi Htun Chaw Sandi Htun, the woman arrested for defamation after allegedly mocking the Burmese army's new uniform on social media, appeared for a fifth court hearing on Tuesday. The 25-year-old Maubin woman was detained and charged last month under Article 500 of the Penal Code and 66(d) of the Telecommunications Law for posting a photo of Commander-in-Chief Snr-Gen Min Aung Hlaing sporting the new uniform. She added a caption comparing the colour of the uniform to opposition leader Aung San Suu Kyi's longyi. Her lawyer, Robert San Aung, told DVB that Maubin township court on Tuesday heard testimony by officer Aung Kyaw San of the police's Criminal Investigation Department relating to the charges. At previous hearings, Chaw Sandi Htun's defence team raised a motion, calling for the charges to be dropped on the basis that the lawsuit was filed by an army officer on behalf of the commander-in-chief. On Tuesday, Robert San Aung said, Maubin township court dismissed the defence motion. Speaking to DVB, he complained that Burma's judicial system under the current government was no better than that of the military junta of yesteryear. "The judicial sector remains the same ___ we can only hope it changes under the next administration," he said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Right to political participation
- HRD
- Pro-democracy defender
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 21.913965
Longitude: 95.956223
- Event Location
- Summary for Publications
On 12 October 2015, Ms. Chaw Sandy Tun, a young opposition activist was arrested by authorities in Myanmar and charged her with "defamation" after she posted comments online comparing the country's new military uniforms to a sarong worn by Aung San Suu Kyi, the leader of her National League for Democracy (NLD) party.