Grappling with dissent & political silencing during transition The consequences of Myanmar’s NLD-led government defamation law

Abstract

In 2013, Myanmar’s government passed the Telecommunications Law to regulate private telecommunication providers. Article 66(d) was intended to provide protection against defamation. Under the National League for Democracy (NLD)-led government, however, this Article is being used to stifle political dissent and suppress freedoms of media and expression in digital spaces. Wide-ranging public campaigns led by media and civil actors have advocated for the repealing of this Article, though none have been successful. This paper considers the barriers to reforming Article 66(d). It draws on primary interviews with activists, media professionals and academics based in Myanmar alongside secondary research to identify three key barriers to reform: Myanmar’s political context under an NLD-led government, cultural dynamics towards the media, and existing policy frameworks. While this analysis finds that there are potential avenues for reforming the Article, it makes the conclusion that it is unlikely that meaningful reform will take place in the current context. This research provides an interesting insight to how Southeast Asian countries like Myanmar reconcile their political transitions and development with the influence of Western and domestic media.