A/HRC/31/71 and charged, together with eight farmers, under section 18 of the Peaceful Assembly and Peaceful Procession Law for a protest held in 2014 against land confiscations. 22. The above developments seem to reflect a trend whereby the system continues to restrict the rights of individuals exercising fundamental freedoms and to stifle dissent, which in turn generates fear and uncertainty and deters political and social activism. The Special Rapporteur therefore encourages the Government to reconsider its response to critical and independent voices. Civil society and human rights defenders play a vital role in democratic societies. The Government should create an enabling environment for these actors to conduct their activities without fear of reprisal. 23. The Special Rapporteur is concerned similarly by reports that journalists and media workers continue to face legal action under legislation that is incompatible with international human rights law. There are also increasing reports of government and military interference in the rights of individuals to freedom of expression online. In this regard, she notes with concern the convictions of Patrick Kum Jaa Lee and Chaw Sandi Tun, who were both sentenced to six months of imprisonment, under section 66 (d) of the Telecommunications Act 2014, for Facebook posts deemed defamatory to the Commanderin-Chief. The Special Rapporteur calls upon the Government to repeal all provisions that provide for criminal sanctions for defamation. 24. The Special Rapporteur notes the Government’s efforts to update media-related legislation, including the adoption of the News Media Law (2014), the Printing and Publishing Enterprise Law (2014) and the Law Concerning Television and Radio Broadcasting (2015). While many of these laws improve on the previous framework, they also contain problematic provisions (see A/HRC/28/72, paras. 6 and 7). In addition, the enactment of these laws without repeal of earlier provisions has created a complicated media law framework. Concern about harassment, a lack of clarity in the application of regulatory laws and physical attacks on journalists have resulted in fear and self-censorship in the media, which hampers the functioning of an independent press in Myanmar. The appointment of the first media council in October 2015 is a positive development. The Special Rapporteur hopes that it will be a strong and independent professional body providing guidance to the media. She is also encouraged by the statement made on 24 January 2016 by the Commander-in-Chief, in which he recognized the indispensable role played by the media during this time of nation-building. 25. The Special Rapporteur is concerned that civil society actors continue to report being monitored by military intelligence and the Special Branch Police, such as being followed and photographed at meetings, and their families, friends and colleagues being questioned on their whereabouts. Special Branch informers reportedly engage in online monitoring, including by hacking social media accounts and intercepting e-mail communications. Under sections 76 and 77 of the Telecommunications Law 2013, the Government has broad powers to enter and inspect telecommunication services for matters relating to national defence and security or public interest, and to intercept data in an emergency situation. The Government has yet to draft legislation on the interception of communications by law enforcement bodies. 26. Procedural failings for individuals in detention, such as the length of pretrial detention and the denial of bail, including for those with chronic or serious health conditions, remain issues of concern. Of the 127 individuals arrested in relation to the protests held against the National Education Law in Letpadan in March 2015, 53 remain in Tharyawaddy prison and are still on trial one year after their initial arrest. Some 23 reportedly received no treatment for injuries resulting from police action at the time of their arrest, and 24 reportedly developed medical conditions in prison due to inadequate nutrition and unsanitary cells. A total of 18 on a hunger strike were transferred to Yangon Hospital for specialist treatment on 1 December 2015. The Special Rapporteur notes the statement 6

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