Myanmar: News Media and Printing and Publishing Enterprises Law Reforms
The NML neither establishes a registration scheme for media outlets nor requires individual
journalists to obtain any sort of accreditation in order to engage in journalistic activities. Rule
19(g) empowers the MPC to regulate the carrying of badges or special identification by
journalists. This can serve the important purpose of facilitating press access to places and
events where public access is otherwise restricted and is, therefore, an appropriate activity for
the Council.
Section 10 of the NML recognises the right of those wishing to engage in the media activities
to establish a media business in various recognised ways, such as under the Myanmar
Companies Act. However, section 11 also recognises the need for media businesses to obtain
any relevant certificates or licences as provided for by other laws, in this case specifically the
PPEL. In addition, Rule 19(j) references the registration regime established under the PPEL,
by empowering the Council to coordinate with the Ministry of Information (Department of
Copyright and Registration) for the purpose of compiling lists of publications which have
been granted certificates or had them revoked.
Printing and Publishing Entities Law
The PPEL establishes a formal process of recognition for printers, publishers and news
agencies which, as previously noted, are defined broadly. The process for obtaining what
essentially amounts to a licence is not clearly articulated in the Law, which merely provides
that complete and correct documents must be submitted to the Ministry of Information, which
issues a certificate after payment of a fee (see sections 4 and 5). Certificates may be revoked
or suspended if they are found to have been applied for dishonestly (section 6) and there is a
limited right of appeal to the Minister of Information if this occurs (section 7). Section 15
prohibits anyone from engaging in printing, publishing or news agency activities without a
certificate or where a certificate has been revoked.
This system is problematical inasmuch as it creates the risk that it could be used as a barrier to
a free and independent press. Under the law, the Ministry of Information has significant
discretion both to set the rules and in how to applythe system, given the absence of precisely
defined procedures and requirements in law. There is, in particular, nothing to prohibit the
Ministry from imposing burdensome registration requirements or high fees, from adding
additional requirements for issuing certificates or from engaging in lengthy delays before
issuing a certificate.
Recommended Integration and Reform
Ideally, the registration scheme outlined in the PPEL should be eliminated. It does not serve a
clear purpose and not only places additional burdens on aspiring media outlets but entails
unnecessary responsibilities for both the Ministry of Information and the MPC, which
maintains a list of registered printers and publishers. Positively, in practice it appears the
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