Detained Journalists Reapply for Bail in Unlawful Association Trial

The lawyers of three detained journalists submitted a bail request for the second time, after the Hsipaw Township Court rejected the initial appeal last week.
At Friday’s court hearing, lawyers appealed for bail for six men including three journalists from The Irrawaddy and DVB who were detained while reporting in the area by the military and later charged under Article 17(1) of the colonial-era Unlawful Associations Act.
The court heard a witness [a local resident] from the prosecutor’s side on Friday but a military official who was scheduled to appear at the court for testimony did not show, with the excuse given that he was on military duty.
The defendant’s lawyers stated at the court that they requested bail again as the accusations against the journalists were not strong enough to build a case or charge them under the Unlawful Associations Act.
After the court hearing, the police sent the journalists directly back to Hsipaw Prison, where they have been detained for 46 days, despite a request made to leave them in police custody behind the court for a half hour to have lunch and meet with family members.

…. / …..

The three journalists—Irrawaddy senior reporter Lawi Weng (U Thein Zaw) and Democratic Voice of Burma (DVB) reporters U Aye Naing and Ko Pyae Phone Aung—were arrested on June 26 while covering a drug-burning ceremony in Ta’ang National Liberation Army-controlled area.
“The case has been wrong from the start. We were denied bail… this is an intentional threat against us and the next generation to stop reporting on and contacting ethnic armed groups. But nothing will frighten our colleagues,” U Aye Naing of the DVB told reporters outside of the court before being sent back to prison.
Supporters and family members of the journalists shouted at the court to stop oppressing the media.
The court will rule on the bail appeal on August 18.

By The Irrawaddy 11 August 2017 – HSIPAW, Shan State

Sur le même sujet.

 

In Sketches: Myanmar’s Challenging Media Landscape

In Sketches: Myanmar’s Challenging Media Landscape

Justice With Strings Attached

In October 2014, freelance reporter Aung Kyaw Naing, also known as Par Gyi, was killed while in military custody. The Myanmar Army said the journalist was shot dead when he attempted to seize a soldier’s gun and escape detention. Despite his wife’s attempt to file charges against the military for the death and alleged torture of her husband, the case was dropped by the police and courts.

Press Freedom in Burma

Myanmar ended literary censorship in 2012. Four years on, in 2016 press freedom in the country is depicted as still in its infancy.

Freedom on the Brink

The Irrawaddy’s cartoonist responds to the terrorist attack on French satirical weekly newspaper Charlie Hebdo in January 2015 that killed 17 people.

Enjoy Freedom of the Press

This 2014 cartoon demonstrates the control and lack of support for independent media in Myanmar.

No Freedom From 66(d)

There have nearly 70 cases filed under Article 66(d) of the Telecommunications Law—which is used to prosecute “defamation” online—during the National League for Democracy’s government administration.

Press Freedom?

The year 2014 saw some backslidings in press freedom in Myanmar with authorities placing restrictions on some publications on not to publish “inappropriate news about the government.” Others were threatened that they would be “held responsible for inciting social unrest” with their coverage of violence in Rakhine State. Four journalists and the CEO of Unity Weekly newspaper were detained by the police force’s Special Branch after the newspaper reported the existence of an alleged chemical weapons factory in Pauk, Magwe Division. All are facing prison terms of up to 14 years for “violating state secret laws.”

Ministry of Information Keeps the Media in its Tentacles

Despite the booming private media outlets in the country, Myanmar’s Ministry of Information takes a lion’s share of control of everything related to the media industry.

Burma’s Press Reforms at the Bursting Point

A 2014 cartoon demonstrates the precariousness of press freedom under the quasi-civilian government led by former President U Thein Sein.

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Backs to the Crisis

Under Daw Aung San Suu Kyi’s elected government, the Myanmar Army arrested three journalists, including one from The Irrawaddy, on June 26, accusing them of holding connections with an outlawed ethnic armed group. At the time of publication, they remain in prison.

In Sketches: Myanmar’s Challenging Media Landscape

The Military’s Offensive Against the Media

The Military’s Offensive Against the Media.

We journalists are under attack. Press freedom is in jeopardy in Myanmar.The last act of aggression happened on Monday when the military arrested The Irrawaddy’s senior reporter Lawi Weng and two Democratic Voice of Burma (DVB) reporters, Aye Nai and Pyae Bone Naing, also known as Pyae Phone Aung.Now the military has charged them as having violated Article 17(1) of the Unlawful Associations Act as they ventured into territory controlled by the Ta’ang National Liberation Army, as part of a reporting trip.The arrest and charges demonstrate that either Myanmar’s military leaders don’t understand the nature and purpose of the media, or that this was a deliberate act intended to frighten journalists away from covering sensitive issues that could lead to criticism of the armed forces.If the military arrested Lawi Weng and two DVB reporters due to what they describe as a connection to ethnic armed rebels, they would have to arrest hundreds of journalists who work for independent media across the country.I am sure that nearly all Myanmar journalists have made contact at least once with members of “unlawful” ethnic armed groups, as all publications across the country have covered the peace process—one of the most important issues facing the nation.Heads of key institutions, including the army and those within the current government, must understand that journalists need to talk to people from all sides of a conflict in order to verify facts, to be able to provide accurate information, and to interpret complex situations and perspectives. If we were to not do this, we would be failing to provide comprehensive information to the public.Since 2011, when ex-President Thein Sein took office and his administration started negotiations with ethnic armed organizations, we journalists also started covering issues concerning conflict more openly. We approached it with a sense of responsibility to help end seven decades of civil war.

Journalists from many publications in the country have traveled to conflict zones, including areas controlled by ethnic armed groups, to speak with rebel leaders, their soldiers, ethnic civil society groups, residents, and refugees.We have repeatedly interviewed and had conversations with leaders and members of such groups whenever the previous and incumbent governments held meetings or conferences relating to peace and conflict in Naypyidaw, Yangon and elsewhere.

Over the past years, ethnic armed group leaders have flown to the capital or to Yangon from their headquarters to attend talks organized by both ex-President U Thein Sein’s administration and the current Daw Aung San Suu Kyi-led administration. The most significant event was the Union Peace Conference, also known as the 21st Century Panglong, held by Daw Aung San Suu Kyi.A number of rebel leaders attended the conference and made speeches alongside the State Counselor and the commander-in-chief of the military.The most recent media arrests by the military are damaging press freedom, a principle that is considered a pillar of the democracy that we are trying to create. In fact, the arrests are limiting greater freedoms that have been realized since the lifting of draconian censorship laws by military-backed ex-President U Thein Sein in 2012.These days, I tend to say to international guests and journalists that Myanmar is not an enemy of the press, as it was under the military regimes of past decades. But the situation seems to be headed backward.While the military appears to be solely responsible for the arrest of Lawi Weng and the DVB reporters, the government holds responsibility, too.We understand that the powerful Myanmar Army did not need approval or a green light from the State Counselor or the President or the National League for Democracy government in order to arrest those journalists. But Daw Aung San Suu Kyi and U Htin Kyaw are the two highest leaders in the country. I believe that they both are responsible for ensuring the protection of citizens’ basic and professional rights, particularly when these rights are abused or mishandled by a powerful institution like the military.

Lawi Weng has been working for The Irrawaddy since 2007. He was a journalist doing his job, as were Aye Nai and Pyae Bone Naing. Since their arrest on Monday, I have sent three letters to the State Counselor, the President and the Minister of Information concerning Lawi’s detention. I have requested that they assist us in finding a way to release him, as he and the other reporters were simply doing their duties as journalists, gathering information in a sensitive area.To be honest, I do not know if either the President or the State Counselor can help out in this matter. But at the very least, I am sure that they can raise the issue with Myanmar’s top military leaders.Daw Aung San Suu Kyi and U Htin Kyaw, the military can be held accountable by your government: they have to answer your questions.The arrest of these journalists is damaging the norms of democracy you’ve promised to achieve under your government. The charges they are facing are an attack on press freedom, which is essential to rebuilding and restoring peace to Myanmar.As state leaders, you are responsible for securing our professional rights to do our job for our country. Please do not let us down.

By Kyaw Zwa Moe – 1 July 2017 – Cartoon / Kyaw Thuyein Lwin

Ethnic Media in Myanmar: New Approaches

After reforms by Myanmar’s post-2011 government, the landscape for both mainstream and ethnic media has changed dramatically, with new media outlets blooming.

Abolishing the country’s censor board and welcoming exiled media groups to publish in-country, the quasi-civilian Thein Sein government pursued major advances toward press freedom. More than 885 publications—including 50 published in ethnic languages—have been approved by the government, up from 300 registered in 2014. Among these publications are three Chin language daily newspapers, 40 ethnic language journals and seven ethnic language magazines, according to Pe Myint, minister of information.

The ethnic language publications, in particular, represent a notable expansion of ethnic media—a term I define elsewhere as “publications, broadcasts or websites that are associated with ethnic minority peoples and that focus on ethnic minority concerns, regardless of whether they use Burmese or an ethnic minority language.” Also included as part of “ethnic media” are “state-based” and “locally-based” periodicals, distributed in ethnic minority areas in Myanmar, that take up ethnic-minority concerns.

Under the present administration, led by Nobel Laureate Aung San Suu Kyi and her National League for Democracy (NLD), many Burmese media onlookers believe that the media industry will see further progress. However, according to a recent PEN Myanmar press release on World Press Freedom Day, the country’s free expression score is only eight out of 60 possible points. Limited access to information, markets, and funding, harassment of journalists and editors, as well as difficulties in securing long-term sustainability were the main barriers for media groups, both ethnic and mainstream Burmese.

Moreover, journalists and editors face possible lawsuits under 66(d) of the Telecommunication Law, which can result in a prison sentence of up to three years for defamation using a telecommunications network. At least 54 people have been charged under this law, with eight people sentenced to prison for their posts on social media, according to a letter from Human Rights Watch to the attorney general and officials from the Ministry of Transport and Communications. Recently, Yangon-based The Voice Daily editor-in-chief and regular satire contributor faced a lawsuit filed by the military under 66(d).

Despite these difficulties, daily, weekly and monthly publications, covering news, sports, entertainment and astrology, both in Burmese and in ethnic languages, are being published in Myanmar. Some publications survive, but many periodicals have disappeared.

The problems facing ethnic media vary depending on the state and region. Some ethnic media or local-and state-based publications cannot maintain their publications in the long term because of heavy dependence on international donors, limitations of their markets, and a lack of human resources. Kantarawaddy Times of Karenni State, for example, depends heavily on the support of international donors, a problem many ethnic media organizations face given that they must compete with the mainstream Burmese publications.

Ethnic media groups face human resource problems because they cannot provide attractive salaries to professional journalists and editors, as mainstream publications can. Despite these challenges, some ethnic media groups are trying to take advantage of opportunities brought about by the advance of technology, using social media to share what is happening in their area. The Danu ethnic group from Shan State, for example, established the Voice of Danu Facebook page to share their concerns. With Internet capable cellphone penetration dramatically increasing (to 70 percent in 2015, according to Freedom House) and the number Facebook users also rising (reaching 11,000,000 in 2016, according to Internet World Stats), many groups see the Internet as central to the future of Myanmar’s ethnic media.

Among them is Tai TV Online, an ethnic media organization based in Chiang Mai, Thailand, which posts its content to social media platforms like Facebook and YouTube to try to break the constraints of the media. It sustains itself with no support from international donors, and, despite being without a stable market, has rich human resources. Established in 2013, Tai TV Online is made up of 19 members who are construction workers, domestic workers, sewing workers and students from Chiang Mai in Thailand and Shan State. One of the founders of Tai TV Online, Nang Kham Ing (who learned journalism while working for formerly-exiled Democratic Voice of Burma and Myanmar Radio and Television for over more than a decade) describes the organization.

“We base ourselves on the idea that people who have mobile phones can be journalists. In the community, there are members who are interested in media, so it is a place for them to experiment and test,” said Kham Ing, adding that all workers who are interested in the media can voluntarily become journalists and presenters for their online media platform.

Tai TV Online is an example of how ethnic media can build community-linkages across the Thailand-Myanmar border as members share news, ideas, culture and language, while also proving that migrant workers have media skills that can be developed. All members are volunteers, working as journalists and presenters when they are free, yet aiming to produce TV programs once a week. Most clips are three to 10 minutes, with content on a wide number of topics: internally displaced persons, war, migration, landmines, Shan literature, and the environment. Members learn computer and editing skills from other student members who are from the media and share their knowledge within their media group. All facilities are placed in the Migrant Learning Centre (MLC) in Chiang Mai, and the organization has survived for four years without the support of international donors, though it still faces many financial hardships.

Finances and funding remain huge obstacles for ethnic media’s long-term sustainability. The funding of ethnic media groups in Myanmar varies, with some depending on their own funding. My previous work argues that dependence on financial support from international donors resulted in negative experiences for Hsen Pai, a Shan language journal now trying to rely on self-funding, on local donors or shareholders from the Shan community, and on sales and advertisers.

Yet, some ethnic media still heavily depend on international donors to such an extent that they cannot stand on their own feet. When they have tried to stand on their own, they cannot effectively increase their income from media production. While the former exile media Irrawaddy Publishing Group and DVB Multimedia Group earn income from their websites and from online advertisements, ethnic media groups like Tai TV Online have also tried this model, but often their staff struggles to create or attract such advertisements. Ethnic media groups also note that they do not receive financial support from the government.

“We wish to receive income for our program. We tried to receive money using YouTube but we failed,” said Kham Ing, noting that, while his group knew their content could earn money from online advertisement, their members did not have sufficient IT knowledge to implement such a model.

More international funding is not the solution for the sustainability of ethnic media, but cutting funding before the ethnic media groups can stand on their own would lead to wasted resources. The Hsen Pai model for self-funding is good, but different groups have different challenges. Rather than providing financial support, donors might think of offering IT trainings regarding how media groups can earn income from online advertisements, or support the creation of a way to sell ethnic media products to big media groups.

Nai Akar, one of the editors of the Mon State based bi-lingual Than Lwin Times Journal, said all state- or ethnic-based journals in Mon State are financially unprofitable. According to Akar, in the small market of Mon State, there are four state-based journals—two are mainly published in the ethnic Mon language, one with bi-lingual content, and one published in Burmese. “Now information can be accessed from social media, especially in Myanmar. Many young generations do not buy journals to read,” he said, adding that some media groups’ strategy to produce video clips for the news is a way for long-term sustainability, as they can sell these to other big media groups.

As for Tai TV Online members, they only produce web TV they than post on YouTube and Facebook, where they have 93,716 followers and over 87,678 likes. These figures are much higher than other long-operated ethnic media sources such as Karen Information Centre (with 21,471 likes), Shan Herald News for Agency (with 15,205 likes), and Mon News Agency (with 35,170 likes), but still much lower than those of mainstream Burmese media.

Yet, despite its popularity, Tai TV Online has limitations as they only use Shan and Thai languages, which cuts off possible links with other ethnic minority groups. However, the founder views this as a strength of their agency: “Using mother language can provide news for people who cannot speak other languages. We receive trust and confidence from our sources who speak the same language. We can collect direct reliable facts without passing through the interpreter. Some locals are afraid to talk if you ask in Burmese or English. We can directly feel their sensitivity,” said Kham Ing.

Three years ago, Thai Public Broadcasting Service’s citizen journalist program offered Tai TV Online the opportunity to launch a 15-minute daily Shan language program with Thai language caption to be broadcast on their channels. They had to refuse because they cannot produce such content on an everyday basis, as Kham Ing explains: “Some volunteers who wish to be journalists have to earn their living, so they cannot focus on reporting all the time. The offer is just an offer but does not include the means or the ‘how’ to pay for the work.” But compared to other media, Nang Kham Ing explained, Tai TV Online’s strength is that their diverse network of members can receive news from communities’ nooks and corners.

Sai Leik, a Burmese researcher who monitors the current peace process, reflects on this idea, recalling the Kokang and Burmese Army (Tatmadaw) conflict in 2015. In cases such as this, it is ethnic media that becomes a window into such events, when information is difficult to collect. “In my opinion, ethnic media groups have consistent reporting about battles in the ethnic areas. After Tatmadaw warned the media to not contact the Kokang rebels, almost all mainstream media stopped reporting Kokang battle news but ethnic media continued to report about it. But some ethnic media cannot reach the official spokesperson from Tatmadaw for response,” he said.

Aung Lwin, a regular contributor of the locally-based The Tanintharyi Weekly who faced a defamation lawsuit for an essay about a fish lamenting the destruction of a local creek in the Tanintharyi region, explains that the local journal is one of the driving forces for the local government to implement change under the new government. While Yangon-based journals have limitations reporting about the region, Tanintharyi-based media can fill the gap, he noted: “Reading Tanintharyi is having food prepared at home but reading others’ press is like eating a meal outside. This is the most significant.” In this regard, the role of ethnic media is important for the society in Myanmar, but few people acknowledge and realize it.

During the Fourth Ethnic Media Conference, held in Arakan State on February 2016, ethnic media called on the government to recognize them as equal to mainstream media, while also discussing the need for entry to state and regional parliament along with future funding from the government. Many ethnic media groups remain frustrated.

“…There is no progress. They do not believe and satisfy us. They replied that they will publish their own journal,” said Say Reh Soe, editor of Kantarawaddy Times, adding that NLD’s new state government media relations is poor compared to the former government.

Despite hardships, it is Tai TV Online’s future vision to launch a Tai National Channel. In April, without the support of donors and in opposition to the market, they took their first step. The founders discussed with other seven Shan media groups from Myanmar what it would take to materialize their vision.

The media groups agreed to use the same Shan language for the new technological terms and to avoid reports that can inflame racism and violence between different ethnic groups. Then, they opened a group on Line, an application that allows to ring free calls and messages through which they will share information and help with Tai media groups based both inside and outside Myanmar.

Such innovative solutions must be found if the blooming ethnic media groups are to find long-term sustainability and avoid quickly disappearing due to limitations of funding and constraints on human resources. As Zeya, a poet and journalist for DVB multimedia group, more famous under his pen name Thargyi Maung Zeya, said, ethnic media is like a blooming flower surrounded by the thorns:

“[Ethnic media] are just living without a noise of breath between Myanmar’s Tatmadaw (army) and ethnic armed groups,” he said. “The support for ethnic media from the international countries is like a drop of water for a dying person.

Ko Htwe is a postgraduate student at Cardiff University studying Journalism, Media and Communication. His research “The Role of Ethnic Media in New Myanmar” was published by Chiang Mai University, Thailand. He has also written articles for Bangkok Post, Asia Sentinel, Walkley Magazine, DVB, Irrawaddy and Karen news.

 This article originally appeared in Tea Circle, a forum hosted at Oxford University for emerging research and perspectives on Burma/Myanmar.

By Ko Htwe 10 June 2017

 

 

In Sketches: Myanmar’s Challenging Media Landscape

Advocates: NLD Govt Has Failed to Advance Press Freedom

Press Freedom

RANGOON — The National League for Democracy (NLD) government failed to make progress in increasing press freedom during its first year in office, local lobbyists and rights groups claimed on Tuesday, stressing that there is “no clear path forward” developed by the new government concerning the issue.
One day before the World Press Freedom Day 2017, advocates from 14 local organizations—including the Assistance Association for Political Prisoners (AAPP), Myanmar IT for Development Organization, PEN Myanmar, Myanmar Journalists Association, Yangon Journalism School, Burma News International and Article 19—issued an eight-page assessment report on the country’s landscape concerning freedom of expression under one year of NLD government leadership

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The group evaluated situations in six particular areas—laws and regulations, media independence and freedom, digital freedom, freedom of assembly, speech and opinion, right to information, and safety and security—with a scale of 10 points for outstanding achievement and 0 for regression in each area.
According to the indicators, the NLD government only achieved 8 out of 60 points in all six areas—1.3 points on average for each sector—which reflects a situation between “no progress” and “very little progress” regarding freedom of expression.
“Acknowledging that the challenges for reversing decades of repression are significant, [assessment] participants pointed to multiple areas in which no clear path forward has been explicated by the new government, let alone embarked upon,” the assessment stated.
Initial findings from the first six-month assessment from April-September of 2016 were used as a comparative baseline for this one-year assessment, according to the report. It also provides a total of 26 recommendations for all six sectors, including the abolishment of Article 66(d) of the 2013 Telecommunications Law to foster greater digital freedom, and to do away with government mouthpieces for media independence and freedom.
U Myo Myint Nyein, chair of PEN Myanmar, said at the Tuesday assessment report launch event that the NLD government maintains the old policies of the former ruling Union Solidarity and Development Party concerning the press, noting how state-owned newspapers and broadcast media still serve as government propaganda rather than as public service media.
He also emphasized an urgent need to enact the Right to Information Law that guarantees access to information across public sectors and establishes mechanisms for implementation in order to ease the challenges facing journalists when trying to collect official documents, given the history of media blackouts by Burma’s previous governments.
“Some [government officials] are afraid to reply to [journalists’ inquiries] while some think there is no need to do so or don’t know how to,” U Myo Myint Nyein said.
U Zin Linn, a consultant from Burma News International, said the report is “not to pressure or blame the government, but to give constructive suggestions,” since the NLD must reform respective sectors according to principles of transparency and accountability.
A recently released index by Reporters Sans Frontieres (RSF) ranked Burma 131 out of 180 assessed countries around the world in 2017 concerning press freedom. It went up 12 places, but dropped 3.66 points in comparison to the 2016 index, with the report stating that self-censorship in Burma continues in connection with government officials and the military.

By Tin Htet Paing 2 May 2017

Yangon Newspaper & democracy

Freer media is critical to the country’s political transition, but it is also time for more responsible journalism

As a voracious consumer of Myanmar journalism over some time, I am fascinated by how the country’s transition to freedom of the press takes root and prospers.

Progress toward press freedom has occurred very rapidly in Myanmar since 2012, but we still see too many instances of journalists being detained and even charged over what they have published. Continue Reading ….

Another doddery analyst said there was a 75 percent chance the military would prevent last November’s election being held. The whole reform process and transition to democracy was called “a fairy tale”.

Well, here we are and the griping naysayers got it wrong. The historic elections went ahead and allowed the people of Myanmar to freely choose their government and new leader.

As the United States assistant secretary of state Danny Russel said, “The five years of opening and reform set the stage for Myanmar to emerge from five decades of repression and military rule, and for its citizens to build unity, dignity, opportunity and prosperity.”
Continue …