Judge of Tamwe Township Court granted bail to three journalists from the Weekly Eleven Journal sued by Yangon Region government under Section 505 (b) of the Penal Code, at the second trial session on October 26.
Lawyer U Kyee Myint representing the defendants said: “Three journalists were released on 10 million bail each. The court granted bails to them based on the bail applications for the court trail outside jail. Those that were present applauded to praise the judge for granting the bail. Normally, the judge will not grant bail to those sued under Section 505 (b). But the township court granted the bail bravely. However, the sorrowfully problematic thing is the President’s directive. The President directed Yangon Region government to take action against them under Section 21, 22 and 23 of the Media Law. According to this directive, the region government will have to submit a letter to withdraw the charge against the journalists. After the submission of withdrawal letter, the region government will then have to inform it to the media council. The media council said it would mediate in the case only after the charges were completely dropped. It is the correct procedure in accord with the law. Only then the dispute will be discussed at the media council. The region government will pressure the journalists to make an apology. The region government can then sue them under the Media Law if the accused refuses to apologize. If the case is opened and then ruled by the court in favor of the plaintiff if Eleven was found to be in the wrong, the accused party will be penalized according to the provisions of the law. But the media law has no prison sentence. The court was supposed to interrogate the plaintiff from the Yangon region government today. But he submitted leave from court due to hypertension.”
When question was raised by a reporter on whether the region government had defied the President’s directive, lawyer Kyee Myint said that the current situation could be translated as exactly that. He continued on to say that while the President had directed the region government to take action against them only under the Media Law, Yangon government has not withdrawn their charges - an evident disregard of the President’s command.
On October 17, a letter, issued by the Union government about the directive of the President for the case filed by the director of the region government, against journalists, under Section 505 (b) of the Penal Code, went viral on the social media. According to the President’s guidance, the region government was to first lodge a complaint to the MPC. The MPC then will mediate in the case. Then, a complaint can be filed against the journalists in accordance with the law if both sides failed to come to an agreement.
Zaw Htay, Director-General of the State Counsellor’s Office said: “The region government reported it to the Union government. The Union government sought the directive from the President. Then, the Union government sent the President’s guidance to the region government. Questions for further details should be directed at the Yangon Region Government. The main point is the President gave guidance to the region government about how to file the case.”
Director Aung Kyaw Khaing of Yangon regional government filed a case against Chief Editor U Kyaw Zaw Lin, Editor-in-Charge U Na Yi Min and Chief Reporter Ko Phyo Wai Win from the Weekly Eleven Journal, under Section 505 (b) of the Penal Code, for a news article titled “Shutdown of unprofitable filling stations, school buses with unknown borrowers and public shares with individual names”, which appeared in the Weekly Eleven Journal issued on October 8. The region government complained that the fact that the construction of share in the Yangon Metropolitan Development Public Company under the name of U Myint Thaung is wrong. This share is contributed by U Myint Thaung on behalf of Yangon Region government.
On October 18, the region government lodged a complaint to the MPC under the Media Law.
Myint Kyaw of the Myanmar Press Council (MPC) said: “The council can mediate in the case only after the charge has been withdrawn.”
The next court appearance is scheduled for November 9.
