Has the nightmare of former intelligence come back?

Has the nightmare of former intelligence come back?

Published on Tuesday, 24 June 2014 12:08

The office of Special Branch on Pansodan Road in Yangon (former passport office) (Photo - EMG)

Government's actions through Special Branch of Myanmar Police Forces (Intelligence) to interrogate private media industry is a manner of direct control over freedom of information

Special Branch of Myanmar Police Forces has been inquiring private news publications and the whole private news industry will be questioned, sources say. Critics say the action is contrary to recently-imposed Media Law and is a manner of direct control over the private media industry.

"We are asking for the information we need. They are saying how the Police Forces concern about the financial status of the media industry. We, Special Branch of Myanmar Police Forces, have a concern on anything related to information and news. Therefore, we mainly discuss about information and news. Our job is security affairs. We question because we have to," explained Deputy Police Colonel Kyaw Kyaw Han of Yangon Region Special Branch of Myanmar Police Forces.

"I asked how the media obtained information for their coverage," he said on June 23.

He continued that officials from local media are being questioned only when they are free, and that currently five media organizations had been questioned, and the whole private media industry will be questioned.

"I heard that local media organizations are now subjected to an inquisition by the Special Branch (Intelligence). Concerning this matter, 1) there is an official press council formed by the President, 2) there is the media law created jointly by Ministry of Information and the council, 3) the Special Branch must inform the council about this matter, 4) but the council is not informed. We know nothing about the inquiry. We don't know if they're just invited or taken into an interrogation. I don't like the branch acting like this on the media. If needed, the council should be asked first. This kind of action is not recongnising the existence of the Press Council. If the government itself doesn't recognize the council, who will? This action (interrogation) can be said a threat against the media freedom. I heard that they even asked why local newspapers continued their business despite loss. They even got angry when replied that there is even a media organization selling a copy of its newspaper for just Ks 50 when the production cost is Ks 40 per a sheet of paper. What can we do when the government is not neutral?" said veteran journalist Phoe Thauk Kyar, vice chairman of the Interim Myanmar Press Council.

Currently five newspapers including The Voice Daily, Myanmar Post, Myanmar Herald and the Unity had been interrogated.

"I posted my vision about the issue on Facebook. It's like that. To say more about that, it's an indirect threatening against the media freedom if it's done intentionally or not," said Kyaw Min Swe, editor-in-chief for The Voice Daily, also the secretary of the Interim Myanmar Press Council.

"The special branch known as "SB" summoned us (including other newspapers) to question whether our businesses are making profit or loss. I'd ask if it is the job of the branch which is also known as Special Branch. Who authorized it to do so? Who directed it to interrogate so and under which law? Questions arise why it did so without any official request letters or any evidence. In this case, the government, which repeatedly said to 'abide the law, abide the law', take these actions by which law, which article, which paragraph, which line? Nowadays, Intelligence task forces superseding over the rule of law is the shadow of previous dictatorship?" said Kyaw Min Swe, chief editor of the Voice Daily newspaper, on his Facebook page. 

"Even though the daily newspapers are running with a loss of hard-earned-money (we depend on the profit gained from our weekly journal to run daily paper) who is intentionally trying to stop us?  Who has imposed a law, which in no other democracy country has existed, to allow opportunistic propagandists to take over private media industry once the private dailies come to a stop… Our media has long been closely watched in doubt and interrogated by Special Branch. Isn't it irritating? In my opinion, it is insulting our standard and prestige. I assumed that this act is an offense to the law. This act is disgraceful to our freedom, human rights and democracy," said Kyaw Min Swe on his Facebook page.

"In a country, supposedly on the path to democracy, people cannot be interrogated unless the truthful laws are broken. If they think interrogation is right, their understanding of democracy is remarkably deviated. If they want information, they can come and ask. If they sent the person for interrogation, they need strong evidences. In the successive government, they talk about security of the Nation. If they use that word, in the previous government, no response can be given. They used the word "security of the Nation" and arrested Aung San Suu Kyi for many years. There was no evidence. To say frankly, it is not a democratic practice. This was done in previous dictatorship regime. This should better be done by Printing and Publishing Association and Press Council rather than Myanmar Journalist Network. We journalists prioritize freedom of information. We strongly disagree this kind of action upon the media," says Myint Kyaw, Secretary General of Myanmar Journalist Network.

Moreover, some are criticizing that this goes against the media law. This media law covers entitlements of journalists, responsibilities and codes of conduct, establishment of news media industry, offences, penalties and rights of journalists. 

The chapter 3 (entitlment of journalists) of the media law says the journalists shall have the right—

(a) To freely criticize, point out or recommend operating procedures of the legislative, the executive and judiciary in conformity with the Constitution. 

(b) To investigate, publish, brodacst information and related opinions to which every citizen is entitled in accordance with rules and regulations. 

In addition, Article 21 of the chapter 8 (taking actions)  states if any of responsoibilties or enthics required in Articles 9 are considered to be breached by a journalist, the aggrieved department, organization or individual shall have the right to complain to the counicl first. 

"From the legal point of view, there are two points when the investigation opens. The first point is the police themselves have come to know the crimes by means of their own investigation. And the second one is the people make a complaint about it. The Penal Code says that the right to investigation shall be in effect only at this stage. In that regard, this investigation is not in conformity with the law. The judiciary body should check and balance the wrongdoings of the executive body. We, independent lawyers are ready to represent those who get investigated. Exercising of check and balance power by the judiciary body amounts to protecting the people's rights. Under the law, no duty is assigned to anyone to make an investigation into it without any cases, First Information Report (FIR) and charges," said Pho Phyu, a lawyer. 

"The ministry invites the media to discuss their operations. And we have already told them to come here at their convenient times and dates. What we are doing is not the investigation. This is the discussion only. Some journals are very successful. Some journals achieve the success while others are meeting with failures. We asked for their ways of gaining the achievements. And we did not interrogate them. I don't want to say about arrested former minister Hsan Hsint. And I cannot tell about it now" said Brig-Gen Kyaw Kyaw Tun, deputy minister for Home Affairs.

 "They asked the deputy chief editor about our circulation and establishment of the journal for one and half hours. The question includes even our operation and distribution. We have to disclose our trading. This information can be applied for market monopoly. There may be bad consequences. They asked for pen names of writers and editors from our journal. I don't like it as this is very similar to the pre-publication censorship done in the time of the military government. I think it may be concerned with the arrest of the minister and sacking," said Aung Tun Lin, editor-in-charge (news) of the Myanmar Herald news journal.

"Someone from SB came to my office on June 21. I went to see them on June 22. The location is at the former passport office on Pansodan Road. When I arrived there, I saw three or four people in the office. Only one person asked me questions. I was asked about our journal's position, profits and losses, and incomes and outgoings. I was also asked about the editorial team and journalists who worked at the start of the previous journal. I joined this work on May 2013. I replied that I don't know the people who worked for the journal in the beginning. Only our CEO and the administration know the incomes and outgoings of the journal. I don't know them. They asked me the name of the publisher and the journal's current position, and number of staffs. Our meeting lasted 30 minutes," Aung Win Tun, Chief of Administration Department of the Unity Journal recounted his meeting with the Special Branch.

"If they want to know whether there has been any money laundering, it's quite easy. The Pyidaungsu Hluttaw enacted the Anti-Money Laundering Law on March 14, 2014. According to this law, there are groups to carry out the inspections. Only these groups should do the inspections. If they really want to inspect money laundering, which will be really beneficial for the country,….there are over Ks 3,000 billion (US$3,000 million) invested by Myanmar entrepreneurs with permission from Myanmar Investment Commission within three years since the new government took office. The investment alone is over Ks 3,000 billion in accord with Myanmar Citizens Investment Law from March 31, 2011 to April 1, 2014. This money is the money where [the companies'] incomes have not been thoroughly checked. It is sure that taxes have not been paid for some of this money. If they want to check whether there has been any money laundering, they can ask the financial records from MIC. There's another important thing left.  Over 41,000 companies and organisations have been registered in Myanmar. According to the Revenue Department, there are less than 20,000 companies and organisations in their list up to last year. Among these companies, there are many companies that only pay a little ratio in taxes. Why don't they inspect these companies? One more thing, they know themselves which son of a union minister is involved in what gold mine business and which son of a regional chief minister is doing what kind of business," said a journalist.

"Concerning with the money laundering, the belongings of the media companies which are currently running in the media industry is only the tip of the iceberg comparing to the big companies included in the MIC list. Those big companies should be asked for the money laundering indeed. Even the total factor of productions and incomes of all media companies which is about hundred companies are summed up, it is still lesser than those of Sky Net. Just compare with the belongings of the authorities who commit the corruption with cronies and their relatives. Of course the Internal Revenue Department can be asked about the financial and taxation matters. But it is nothing to do with the SB. Although SB can inspect about the news for security reason, it is important to know what kind of security reason it is. We can't answer about the news source and the way of getting news since this is the journalist ethical issue. That is turning back to the dictatorship. Abusing power by the Intelligence, so called SB, under the title of security reason is trying to control and threaten the media as the press censorship. That is worse than even in military junta era. The news media are not the staging a rebellion, nor are they illegal organizations. They can question to those who are assumed to be unlawful. But they cannot question to the whole private media industry. This is unlawful. Since this is not in line with the law, we [the Eleven Media Group] cannot answer for it. The government should stop such actions," said Dr. Than Htut Aung, the Chief Executive Officer of EMG. 

After the Special Branch of Myanmar Police Forces called and investigated the people from the private newspapers and journals; Ye Htut, the presidential spokesperson was emailed and asked who [presidential office perhaps] has directed the Special Branch to do these actions, "As far as I know, the presidential office hasn't instructed to investigate them [private media] particularly. The Special Branch might inspect them to get complete information it requires. You will have details if you ask the relevant ministries. I don't have a complete knowledge of who have been called and inspected. I just know those who are connected to the cases of Special Branch and those who needed to be checked have been called and interrogated in accordance with the law," Ye Htut replied.

Recently, the Special Branch of Myanmar Police Forces (SB) has called and investigated the news media and declared officially that the whole media industry will be interrogated in near future. So the question arises, 'Does the infamous shadow of the intelligence forces, the cog-and-screw of the dictators return?'

http://www.information.myanmaronlinecentre.com/has-the-nightmare-of-former-intelligence-come-back/