FEM today launches a proposal for reform of Myanmar’s defamation laws. The proposal - developed in consultation with MPs and businesses and endorsed by 50 leading CSOs - advances four options to remove one of the greatest barriers to Myanmar’s democratic transition.

“This reform proposal would end years of oppressive, anti-democratic, and scandalous criminal cases under 66(d) and Myanmar’s five other defamation laws. It should be a priority for the new government as it is the greatest barrier to democratisation in Myanmar,” said FEM Director, Yin Yadanar Thein.

“Stakeholders from all backgrounds are somehow unhappy with Myanmar’s six defamation laws. Some believe that they facilitate revenge and censorship, others that they undermine anti-corruption efforts, and yet more are concerned that the government’s limited budget is being wasted on funding individuals’ complaints,” she added.

“This proposal includes four options: adopting a civil defamation law, adding stronger defences to the Penal Code, removing all prison sentences, and limiting cases to deliberate and serious defamation only. These options were designed to be of various levels of legislative difficulty so that the new government and new MPs have flexibility in solving the defamation issue,” she added.

“This proposal is serious. We spent two years consulting with Myanmar’s civil society, media, lawyers, judges, and MPs to make sure that the proposal was Myanmar-specific and would deliver the positive change we need. We looked at the defamation reforms made in other countries, such as Sri Lanka, India, Maldives, and the UK, and consulted with their judges too,” she added.

The proposal is launched as a report, a new micro-site, and on social media. FEM is actively encouraging other CSOs, NGOs, INGOs, media organisations, law firms, and others to endorse the proposal and support reform.