In October 2020, the Government of Myanmar finally adopted By-laws under the Broadcast Law,27 which was itself adopted in 2015. This was an essential precondition for bringing the Broadcast Law into effect. In particular, by-laws needed to be adopted before the National Broadcasting Council, the main regulatory body under the Broadcast Law, could be appointed. According to the Law, the Council is responsible for undertaking such tasks as issuing (and revoking) licences to broadcasters and setting and enforcing standards regarding content, including by adopting a Code of Conduct for broadcasters. Among other things, the Broadcasting By-laws elaborate on the procedures for appointing members of the Council that are outlined in the Broadcast Law. The next step is to move forward and actually appoint the Council. The Broadcast Law provides that the “Council shall be autonomous and independent from government authorities, juridical and natural persons involved in the planning, production, and broadcasting of radio and television programmes”.28 Members of the Council are also required to be “independent and impartial in the exercise of their functions”.29 It is very important that these provisions be respected in practice as members of the Council are appointed. Telecommunications Commission Bill In March 2020, the Amyotha Hluttaw passed the Telecommunication Commission Bill,30 which was under discussion in the Pyithu Hluttaw as of July.31 The Bill would establish a new regulatory body for telecommunications, including allocating licences. It would provide a legal framework governing the appointment, duties and operations of the new Commission. Establishing an independent telecommunications regulator in Myanmar is desirable. Currently, there is a reference to a telecommunications regulator in the Telecommunications Law, which instructs the Union Government to form “the independent Myanmar Communications Commission”, be led by an “appropriate person at the Union level”.32 However, no further detail is provided to ensure that such a Commission would actually be independent. Better practice internationally is for primary legislation to include detailed rules on the appointment of members of such commissions and other rules to protect their independence. In this area, then, specific legislation creating a Telecommunications Commission is welcome. If the Bill currently under consideration is similar to the public version of the Bill released in English in 2017, it provides that the Commission shall be an independent and impartial body.33 27 No. 53 of 2015, 28 August 2015. Available in English at: https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs21/2015-08-28-Broadcasting_Law-en-red.pdf. 28 Ibid., Article 2(q). 29 Ibid., Article 16(a). 30 Global New Light of Myanmar, Amyotha Hluttaw Passes Myanmar Telecommunication Commission Bill, 24 March 2020. Available at: https://www.gnlm.com.mm/amyotha-hluttaw-passes-myanmar-telecommunicationcommission-bill. 31 Global New Light of Myanmar, Pyithu Hluttaw Raises the Curtain on 17 th Regular Session, 14 July 2020. Available at: https://www.gnlm.com.mm/pyithu-hluttaw-raises-the-curtain-on-17th-regular-session. 32 Telecommunications Law, note 6, section 86. 33 Draft Myanmar Communications Regulatory Commission Law, 2017, section 53. Available in English at: https://www.mlr.ltd/news/myanmar-telecommunications-law/article/motc-notice-2017-draft-myanmarcommunications-regulatory-commission-law-mcrc. - 10 -

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