Myanmar: News Media and Printing and Publishing Enterprises Law Reforms Rather than imposing direct content restrictions in a media-specific law, a far better approach is for the law to call for an independent regulator, such as the MPC, to develop a detailed Code of Conduct to promote professionalism. The law could set out the issues which such a code is expected to address, such as hate speech, accuracy and the manner of reporting on legal cases, but it should leave it to the regulator to develop the Code, in consultation with interested stakeholders. This will allow for far more detailed and nuanced attention to be given in the code to these issues than is possible through legislation. It will also allow for far more appropriate responses to unprofessional behaviour than the fines envisaged in the NML and PPEL (see the part below on Enforcement and Monitoring Mechanisms). Recommendations: ➢ Direct and special content restrictions for the media – such as are found at section 9 of the NML and section 8 of the PPEL – should not be imposed through mediaspecific legislation. ➢ Instead of imposing direct content restrictions, a new media law should task the MPC with developing and applying a Code of Conduct. The primary legislation may list the types of issues that should be addressed in the Code, but it should leave it to the MPC to actually develop the rules. ➢ The additional procedures for the import and export of publications currently found in the PPEL should be removed. 6. Enforcement and Monitoring Mechanisms Promoting high standards in the media is a positive goal but, where this is enforced via either overly harsh sanctions or an insufficiently independent body, it fails to strike an appropriate balance between respecting freedom of expression and promoting media professionalism. The manner in which the rules set out in media laws are enforced are key to achieving an appropriate balance here. This part of the Analysis focuses on the issue of enforcement of the substantive rules set out in the NML and PPEL. News Media Law The main substantive rules set out in the NML, as discussed in the previous part of this Analysis, are found in section 9. The Law is not very clear on how these rules are to be enforced. Section 21 provides generally for complaints to be lodged with the MPC, while section 22 provides that in such cases the MPC shall conduct a conciliation procedure, suggesting that the MPC does not have formal binding adjudicatory powers. If the conciliation does not lead to a settlement, a case may be lodged before the courts (section 23). The Rules clarify that where someone brings civil or criminal proceedings that person must withdraw any complaint lodged with the Council. Rule 38(b) also clarifies that a court case may be brought where the parties fail to abide by the decision reached through conciliation. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy - 13 -