Myanmar: Outline of Rules Affecting Freedom of Expression In many countries, public advertising represents a significant part of the overall advertising market and thus an important source of revenue for the media. If the allocation of this advertising is not insulated against political interference, it can be a potent force for exercising control over the media. It is thus important that systems be put in place to prevent this, including by ensuring that the placement of public advertising is based on fair and objective criteria, including market conditions. 3.2. Regulation of Different Media Sectors 3.2.1. Journalists Licensing of journalists, whereby they must go through a process of applying to practise their profession, is not a legitimate restriction on their freedom of expression. Unlike other professions – such as medicine, law and engineering – the practice of journalism is a fundamental human right, so that restrictions on access to the profession cannot be justified. Indeed, even registration schemes for journalists will fail to pass muster as restrictions on freedom of expression since interests such as reputation can be protected through bringing actions against the media outlet responsible for dissemination of any such statements. International law requires States to protect the right of journalists and others who publish information in the public interest to refuse to disclose their confidential sources of information. The rationale behind this is not that journalists have special rights which ordinary citizens do not. Rather, the reasoning is that such protection is necessary to ensure the right of everyone to receive information on matters of public interest. Absent such protection, confidential sources are unlikely to come forward with information, and so the general public will be denied access to it. Privileged access of journalists to certain venues – such as legislative bodies and the courts – is premised on the same principle of serving the wider right of the public to receive information on matters of public interest. Accreditation is the primary means by which journalists are guaranteed privileged access to these venues. Accreditation should not, therefore, be confused with or abused to create a system of registration or licensing of journalists. As with all regulatory powers, accreditation should be overseen by a body which is protected against political or commercial interference. States also have positive obligations to create a safe environment for journalists, including online, where journalists now experience forms of violence and harassment that are uniquely enabled by digital communications, such as cyberattacks, doxing, smear campaigns and trolling. A major concern with these kinds of attacks on journalists is the extent to which they are coordinated or planned by malicious actors with the intent of discrediting or harming journalists and thereby silencing them, to the detriment of all. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 15