Yangon regional govt under guidance of president files complaint at MPC

Three senior journalists including the chief editor of Weekly Eleven were brought to the trial on October 18. (Photo-EMG)

Published 19 October 2018

Zaw Min Naing + Hsan Htoo Aung

Under the guidance of President Win Myint, Yangon regional government came to Myanmar Press Council (MPC) on October 18 and filed a complaint about the article stated in Weekly Eleven Journal issued on October 8, said Myint Kyaw of Myanmar Press Council.

The Union Government Office issued a directive regarding the progress of work of the article stated in Weekly Eleven Journal on October 17 and it was meant for Yangon regional government office.

The directive stated that a complaint must be filed to Myanmar Press Council first. The MPC must intervene in the problem in order to reconcile the two sides. If the one who is not satisfied with the intervention, he can file a lawsuit in accordance with the law at a court.

Zaw Htay, Director-General of the President Office, confirmed that the directive was right.

“The regional government submitted the problem to the Union Government. The Union Government listened to the guidance of the president. The Union Government referred to the guidance of the president and gave instructions back to the regional government. Ask the regional government the details. The guidance is given how to do with the charge. It is meant only for Yangon,” said Zaw Htay.

Yangon regional government came to the MPC and filed a complaint about the article of Weekly Eleven one day after the guidance of the president on October 18. The MPC replied that only if the case is dropped, can the MPC solve the problem, said Myint Kyaw of the MPC.

The one who came to the MPC and filed a complaint is director Aung Kyaw Khaing of Yangon regional government. Filling in the complaint form was not complete and so a complaint form of the MPC was given to him. The complaint form was given to the MPC before the office closing hours, said Myint Kyaw of the MPC.

“The complaint letter is given to the MPC. Aung Kyaw Khaing came to the MPC in person,” said Myint Kyaw.

Myint Kyaw of the MPC added that only if the case was dropped, could the MPC intervene in the problem. It is a provision officially prescribed in the by-law of media. Without dropping the case, it is difficult to deal with it, said Myint Kyaw.

The Eleven Media Group sent an informing letter to the MPC on October 10, stating the MPC is wanted to intervene in the charge against three senior journalists under Section 505 (b) for defaming the government.

Regarding the letter sent to the MPC by the EMG, the MPC replied that it would meet with the EMG on October 19.

The township judge started interrogating plaintiff Aung Kyaw Khaing, director of Yangon regional government on October 17 for charging against Chief Editor Kyaw Zaw Lin, Editors-In-Charge Dr Min Lwin (a) Na Yi Min and Chief Reporter Phyo Wai (a) Phyo Wai Winof Weekly Eleven Journal under Section 505 (b) of Penal Code.

The judge interrogated plaintiff Aung Kyaw Khaing. Aung Kyaw Khaing said the writing of Weekly Eleven’s article stating putting shares with the name of U Myint Thaung in Yangon Metropolitan Development Public is not true. On behalf of Yangon regional government, U Myint Thaung put shares in this company. The shares of public funds are not put with the name of U Myint Thaung.

Aung Kyaw Khaing mentioned during the trial that such writing and expression in the article cause panic among officials concerned of the public companies as to Myanma construction and development and share holders and mistrusts of companies and Yangon regional government by the people. These displeased situations can lead to criminal offense to the government by the people.

On October 17, the lawyer to the accused put up a bail application.

The bail application stated that when any person accused of any non-bail able offence is arrested detained without warrant by an officer in charge of a police-station, or appears or is brought before the Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or with transportation for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such offence be released on bail.

Kyaw Zaw Lin and Na Yi Min are key parts of Eleven Media Group. Phyo Wai is also the reporters-in-chief. Only if they are bailed out, will they serve the interest of the people as to the information. The accused persons are not the ones who will run away or the ones who will not appear the trials regularly. Moreover, they are the ones who can pay for the bail money. They are not the ones who will destroy the evidences through undue influence. The accused persons can argue only if they are given bails and it will help to judge the truth. If they are detained for long without granting the bails, it seems to give punishments to them in advance.

Regarding the cases charged with Section 505 (b), evidences were submitted to the court. Despite the charge with Section 505 (b), Loikaw Township Court granted a bail to seven accused persons. Myat Khaing, Chief Editor of Snapshot Journal, was also bailed out in the time of Yangon Chief Minister Myint Swe. These examples were also submitted to the court.

The next trial is scheduled on October 26. The judge said in the trial that the court would continue interrogating plaintiff Aung Kyaw Khaing and the bail application would be decided.

The Article 21 of Myanmar Media Law says if any of responsibilities or ethics required in Article 9 is considered to be breached by a News Media worker, the aggrieved department, organization or individual shall have the right to complain to the council first.