Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice
7. Recommendations
7.1 For the National Unity Government (NUG) and Federal Units
● To establish a unified policy standard for freedom of expression – The National Unity
Government (NUG) and the Federal Units should, based on the Federal Democracy
Charter (FDC), adopt and issue nationwide minimum standards to guide the
implementation of freedom of expression, media freedom, and the right to access
information. These standards should clearly define the circumstances under which
freedom of expression may be restricted, in accordance with international human
rights law, specifically the principles of legality, necessity, and proportionality.
● To clarify generic terminology – General terms such as public security, public interest,
harm to dignity or reputation, and public morality carry a significant risk of being used
to excessively restrict rights. Therefore, the NUG and Federal Units should clearly
define the meaning, scope of application, and permissible limits of these terms
through detailed policy guidelines.
● To review immunity provisions – Provisions that bar legal action against authorities,
such as Article 151 of the draft version of Mandalay Region Interim Political Plan,
should be revised.
● Ethnic and cultural rights are important to a federal system. However, if these rights
are not clearly linked with freedom of expression, there is a risk that collective
identities may be used to restrict individual expression in the name of group
protection. Therefore, policy guidelines should be developed to ensure a balanced
relationship between collective rights and freedom of expression.
7.2. For Regional Military and Administrative Leaders
● To establish procedures for security-based restrictions – Regional military and
administrative leaders should follow clear procedures when restricting news
gathering or freedom of expression on security justifications. Such procedures
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