Myanmar Press Council: Legitimacy Requires Independence Myanmar Press Council: Legitimacy Requires Independence December 2021 Centre for Law and Democracy info@law-democracy.org +1 902 431-3688 www.law-democracy.org A dinner was hosted by the military regime running Myanmar recently for the new members of the Myanmar Press Council (MPC) who were appointed after the previous members resigned from their positions following the 1 February 2021 coup. This Note highlights international standards governing the formation of bodies which regulate the media, such as the MPC, and examines the situation of the MPC since the coup. Media Regulators: International Standards Ideally, regulation of the media, and especially the print media, should be done on a selfregulatory basis, meaning that the media takes it upon itself to ensure that its members act ethically by creating a professional, non-governmental oversight body. The State should not be involved because its influence could compromise press independence. If a country does establish a media regulator by law, international law sets out some minimum conditions for this to be legitimate: • Independence from the government and political parties should be guaranteed o Any regulation of the media must be done by bodies which are fully independent of the government. While the government may have its own communications teams to share information, the media need to be free to act independently to report the news and share public interest information. Media regulators should never exert political pressure on the media. o A media regulator should therefore have protections for its independence, especially from political influence. For example, the law should prohibit the appointment of members with political connections and protect members from retaliation. • Members should be experts appointed with limited government influence o Appointments should be transparent and have opportunities for public input. o Media representatives should have a significant role in selecting members. o A single political or government actor should not have control over deciding on members. Instead, various stakeholders, such as civil society and professional groups, and/or a mix of public entities, should be involved in appointments. • It should support media freedom o While a media regulator should promote media professionalism, based on a published code of conduct reflecting international standards, it should never sanction the media for content which is critical of the government. o Media regulators should also have a mandate to promote media freedom. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 1