Fleeing an arrest warrant issued by Myanmar’s junta, journalist Nyan Linn Htet moved to neighboring Thailand three years ago.
From there, the founder and managing editor at the Mekong News Agency has continued to provide coverage of issues affecting his home country.
But a new draft law being considered by Thailand’s Ministry of Interior after a public consultation could damage the fragile existence that he and so many others in exile from Myanmar have.
The Association and Foundations Bill was proposed in October. If passed, it would require nonprofits to register with the Minister of Interior and to have a minimum of 30 Thai staff members.
Noncompliance comes with fines of up to $3,000.
The draft bill is concerning for journalists like Nyan, who have been working from exile in Thailand since the February 2021 military coup.
Many registered their outlets as nonprofits, and do not have the capacity to comply with the law.
"The new draft bill is one of the challenges for our exiled media," Nyan told VOA. "When it comes to making financial information available to Thai authorities, many local media can find it difficult to follow since they are currently operating with the financial support made by the donors or [nongovernmental organizations]."
Thailand’s government says the bill is needed to counter national security concerns. But analysts say it would give authorities expansive powers and could make the work of Myanmar’s exiled media more precarious.
Akarachai Chaimaneekarakate, an advocacy lead at Thai Lawyers for Human Rights, says the legislation could lead to interference in nonprofits, and would give authorities the power to dissolve organizations and put civil society organizations at risk of being deemed national security threats.
"The draft act on Association and Foundations is yet another attempt by the authorities to monitor and control the work of civil society organizations, many of which take the form of either an association or a foundation," he told VOA by email.
Akarachai noted that the law would give authorities "expansive powers" to close organizations on grounds such as "good morals of the people," "public order," or "national security." Failure to submit an annual report or balance sheet within 30 days could also result in being closed.
Thailand is not alone in passing laws around foreign funding and national security.
"The Ministry of Interior and related national security agencies seem determined to follow the lead of authoritarian neighbors like Cambodia and Vietnam in severely restricting civil society organizations, regardless of the damage it does to Thailand’s reputation and its ability to operate as a regional hub for international agencies," Phil Robertson, director of Asia Human Rights and Labor Advocates, told VOA.
The Thai government "need to live up their progressive principles and face down this conservative threat against people’s civil and political freedoms," he said.
Safe haven
Thailand, which has a 2,400-kilometer border with Myanmar, has seen thousands of people flee the conflict between opposition groups and junta forces.
When Myanmar’s military seized power, it revoked some broadcast licenses and detained dozens of journalists, including a VOA contributor. Fearing arrest or retaliation, many journalists fled.
In Thailand they found a temporary base, especially in border towns. But the threat of being sent back to Myanmar weighs heavily.
Strict paperwork and requirements make it hard for Myanmar nationals to get proper media visas. Not all of them have the necessary documentation after fleeing their homes, and some are wanted by the junta over their coverage.
Journalist Toe Zaw Latt says most exiled media chose Thailand because they had "nowhere else to go." It offers better facilities including internet connection and communications as well as "easy access to the sources," he told VOA.
The journalist said he believes it would be impractical for the media to operate further away. And if the legislation comes into force in Thailand, he predicts many will evade it.
"A lot [of journalists] will go undercover. I don't think any media want to legally register under Thai law, simply because they don't trust it, or [because it’s] very difficult," he said.
In Nyan’s case, he says the majority of his 17-person team are based in Thailand.
"We can’t afford to move back to Myanmar since it is crystal clear that we are at risk of being arrested, tortured or even murdered unlawfully," Nyan said.
Myanmar is one of the world’s worst jailers of journalists, ranking second, only behind China. At least seven journalists have also been killed since the coup, according to data by the Committee to Protect Journalists, or CPJ.
Shawn Crispin, CPJ’s senior Southeast Asia representative, described the draft bill as a danger for Myanmar media "that operate from Thailand and play crucial roles in supporting the many Myanmar journalists driven into exile since the 2021 coup."
"Thai lawmakers should scrap this severe and wrong-headed legislation and allow Myanmar's exile media organizations to continue functioning without fear of reprisal," he told VOA via email.
Nyan fears that a reduction in active exiled Myanmar media in Thailand will pave the way for Myanmar state media to spread disinformation.
He says if the law comes into force and Myanmar media are forced to leave Thailand, it will mean there is only limited independent news in Myanmar.
"This will result in having military’s disinformation, misinformation or hate speech campaigns proliferated seriously," he said.
Editor's note: The third and fourth paragraphs have been updated to clarify details on the draft legislation.
