Annex: Myanmar’s media regulatory and criminal law framework Myanmar’s media has historically been overburdened with restrictive, burdensome, and contradictory regulations, featuring unnecessary and disproportionate criminal penalties that create significant risk for media outlets and journalists alike. The following table outlines Myanmar’s recent political periods and the related regulatory context. Comparing Recent Historical Periods in Myanmar CATEGORY 1992 - 2011 2011 - 2016 2016-2021 >>> TRANSITIONAL PERIOD >>> 2021 ONGOING Administration Military Quasi-civilian Elected civilian Military71 Ruling party State Peace and Development Council (SPDC) Union Solidarity and Development Party (USDP) National League for Democracy (NLD) State Administration Council (SAC) Leader Military leader, Than Shwe Former military leader, Thein Sein Party leader, Aung San Suu Kyi Military leader, Min Aung Hlaing Licensing and censorship Licensing and prior-censorship of all publications Print licensing retained with new safeguards Broadcast licensing reformed but unimplemented Print licensing returns with criminal sanctions Media landscape Independent media operate in exile Exiled independent media move into Myanmar Media consolidation Independent media move into exile The media experienced widespread, gross, and systematic violations of the rights to freedom of expression and freedom of association under the military administration that ruled Myanmar until 2011. There were three types of media outlets operating at that time. The first was state-owned or “crony”-owned propaganda outlets, including all broadcasters and major print media.72 The second was independent outlets that focused 71 The military was unable to consolidate nationwide control after the start of the coup d’état on 1 February 2021, leaving large areas of territory controlled by either an oppositional group, or by no clear institution. Previous administrations did not control all territory too, but did control more, and control more substantively. See: OHCHR (2023), “Illegal and Illegitimate: Examining the Myanmar Military’s Claim as the Government of Myanmar and the International Response”. 72 In Myanmar, a “crony” is an individual who has benefited economically from their close links to the military. The military granted some cronies with media licenses. The cronies’ media outlets, which covered broadcast, print, internet, literature, and cinema, often featured a mixture of light entertainment and pro-military messaging. Assessing Detentions of Journalists in Myanmar, Feb. 2021 to Feb. 2025 26

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