vague requirements on publishers, including to register printers and periodicals and to abide by vague
content restrictions. Noncompliance can result in fines. 60
37. A serious shortcoming in the media law framework is the fact that although the Broadcasting Law was
adopted in August 2015, it has still not come into force due to the failure of the government to adopt
implementing by-laws. This has delayed the establishment of the Broadcast Council, which will regulate
and license broadcasters and ensure media diversity.61 As a result, all television and radio channel
licenses are still distributed through an opaque process controlled by the Ministry of Information.
Furthermore, TV and radio channels lack diversity, independence, and security of operations.
38. Recommendations:
• End the prosecution of journalists exercising their right to freedom of expression.
• Immediately grant full access to journalists, humanitarian actors and the United Nations, to all
parts of the country, including conflict areas.
• Create an enabling environment for media pluralism, diversity, and independence, including by
amending the News Media Law and repealing or amending the Printing and Publication
Enterprise Law so as to do away with registration requirements and content restrictions.
• Adopt democratic By-laws under the Broadcasting Law, appoint a Broadcasting Council which
includes respected civil society representatives,62 and begin the process of licensing
broadcasters.
Right to peaceful assembly
39. In 2015 Myanmar supported two recommendations to respect the right to peaceful assembly 63 and
noted four recommendations relating to legal restrictions on the right. 64
40. During the UPR period, the Government or Myanmar made no improvements to the legal framework
relating to peaceful assembly. It continued to imprison those legitimately exercising their right to
peaceful assembly, and at times resorted to the excessive use of force to disperse assemblies. More
than 57 cases against over 220 individuals engaging in demonstrations proceeded during the UPR
period.65
41. The 2012 Peaceful Assembly and Peaceful Procession Law contains vague provisions that are often
applied arbitrarily.66 Despite a 2014 amendment that purported to move from a system of priorauthorisation to prior notification, there are frequent reports of local authorities setting preconditions for
protests, resulting in a de facto prior-authorisation system.67 Human rights organisations have
documented opaque requirements enforced by local authorities, as well as arbitrary decision-making in
ARTICLE 19, ‘Myanmar: Printing and Publishing Law: Legal Analysis’, November 2014, available at:
https://www.article19.org/wp-content/uploads/2018/01/14-11-11-LA-print-publishing.pdf
61 Centre for Law and Democracy, ‘Myanmar: Broadcasting Law Delays Undermine Community Radio,’ 6 December 2019,
available at: https://www.law-democracy.org/live/myanmar-broadcasting-law-delays-undermine-community-radio/.
62 See ARTICLE 19, Access to the Airwaves: Principles on Freedom of Expression and Broadcast Regulation, Principle
13, available at: https://www.article19.org/wp-content/uploads/2018/02/11-08-08-STANDARDS-access-to-airwaves-EN2.pdf.
63 143.88 (Botswana) (supported); 144.84 (Brazil) (supported).
64 145.33 Delete or amend all legal provisions on peaceful assemblies, which restrict the exercise of the rights to freedom
of expression and assembly (France)(noted); 145.34 Review and amend the Peaceful Assembly and Peaceful Procession
Act to bring it in line with international standards on freedom of expression and assembly (Sweden)(noted); 145.35 Align
domestic legislation on freedom of expression and association, especially the Peaceful Assembly and Peaceful
Procession Act, with international norms (Luxembourg)(noted); 145.36 Remove the broad range of restrictions on the
rights to peaceful assembly and freedom of expression in the Law on the Right to Peaceful Assembly and Peaceful
Procession, replace the system of prior authorization for peaceful assemblies with a system of voluntary notification and
remove criminal sanctions for acts protected under international standards on freedom of expression and peaceful
assembly (Estonia)(noted).
65 Athan data.
66 ARTICLE 19, ‘Myanmar: Amended Right to Peaceful Assembly and Peaceful Procession Law’, August 2014, available
at: https://www.article19.org/wp-content/uploads/2018/02/14-08-01-LA-myanmar-assembly.pdf.
67 Free Expression Myanmar, ‘Crackdown on anti-war activists shows protests still need permission’ 15 May 2018,
available at: http://freeexpressionmyanmar.org/crackdown-on-anti-war-activists-shows-protests-still-need-permission/; Su
Myat Mon, ‘The right to demonstrate? It depends who you are’, 11 April 2019, available at:
https://frontiermyanmar.net/en/the-right-to-demonstrate-it-depends-who-you-are.
60
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