Hot News Journal, a Rangoon-based weekly news publication, reported in its June 3 issue that patients at the Shwegondaing Specialist Clinic (SSC) had suffered from a lack of appropriate services. In response to its cover story, “The  Service of Private Clinic SSC,” the clinic sued Hot News Journal for defamation and abasement and is seeking 2 billion kyat (US $2.5 million) in damages.

Irrawaddy reporter Nayee Lin Latt interviewed Hay Mar (aka) Ma Ma, the editor-in-chief of Hot News Journal, about the case.

Hay Mar was seen at a Hot News Journal press conference on July 8 (Photo: The Irrawaddy)

Question: Please tell us what made you publish the article, “The  Service of Private Clinic SSC,” in your journal.

Answer: Family members of a patient who died after receiving treatment at the SSC told me about their feelings towards the clinic's services while holding a funeral for their loved one. Since I am responsible for any news story published in my journal—whether it was written by myself, one of my in-house reporters or an outside contributor—I have to verify facts and figures in every story before putting them in publication. In this case, I did a thorough investigation and also used the 2007 Private Health Care Services Law as a reference. After studying it, I found that there were weaknesses in the SSC in providing appropriate services, which had affected patients seeking treatment there. So I revealed my findings, that's all. I wrote that story with care because I consider health care a very important issue for the people.

Doctors must give treatment and teachers must teach. Likewise, journalists must report about something that has a negative impact on the people, as long as it can be verified. As as media person, I accept that it is my job to tell the truth, and I did what I had to do by publishing that story. Personally, I don't have any desire to hurt anyone.

Q: How are you going to deal with the lawsuit in which you face two charges?

A: I would be lying if I said I wasn't afraid, because I am now a defendant and also a woman who has never experienced being in a lawsuit. Part of my anxiety comes from the fact that I am now facing a powerful complainant. However, I am sure I embraced the code of journalism and had no desire to defame anyone while writing that article, and I was sued for revealing an issue affecting general public, so I will face the lawsuit with courage. I will face it in court in accordance with the law.   

Q: People say that under the present situation, the media enjoy a certain amount of freedom in reporting. Do you think your case will somehow affect that freedom?

A: Currently, our country is in transition to democracy and all of us want to see it to become a better place. I think now is the time, while changing the system, that both the authorities and citizens have to work for their country in a collective manner. While doing so, media must point out unfairness and injustice, and criticize them. It has to reveal them for public awareness and make the authorities know what is happening. This is the duty of the media.

When I published the article about the SSC, I didn't have any desire to hurt the clinic. I just put the feelings of the affected family on my journal page and pointed out weaknesses in the clinic's services, that's all. There has been some sort of openness and improvement in the media. On the other hand, we need stamina to accept open and independent criticism. I think we still forget about that.

Q: Do you think the media is currently allowed to report freely and criticize by using verified facts?

A: Well … even laws are changing while the country is marching toward a new system, so I believe we will be given the right to write freely. Media personnel are good at effective criticism. Senior authorities said they believe criticism is very useful and beneficial in state building. They are the leaders of the country, so I believe they are gentlemen who will keep their word. However, since we have to work collectively and there are other people in different levels who cannot change their attitude right away, we also have to be patient with side-effects during this transitional period.

Q: What do you think about the SSC's demand for 2 billions kyat ($2.5 million) in compensation?

A: It reminded me of Khaing Shon Leah Ye, a 15-year old girl who died while receiving treatment at the SSC a year ago. The clinic gave her family 100 million kyat ($127,000) in compensation. There is nothing more valuable than a human's life. A life is a life, whether it is a poor person or a prime minister who dies. People responsible for the clinic decided to pay 100 millions kyat for a life that was lost because of their mistakes. They are now demanding 2 billions kyat for their dignity, which they felt was affected by an article. I will find out whether they really have that honor and whether it is really worth that much.

Q: Under the current judiciary system in Burma, do you hope that you will receive a fair and rightful decision, without any corrupt procedure or partiality?

A: Laws in every country are promulgated in order to protect citizens regardless of their backgrounds. I believe laws in Burma are enacted impartially. These lifeless laws exist with fairness and justice everywhere, but there may be fair or corrupt judges who have authority to apply them. I still can't have no idea what kind of judges will take care of my lawsuit. In any case, I believe truth will prevail.