Myanmar: News Media and Printing and Publishing Enterprises Law Reforms adjudication. • Imposing a range of remedial measures on media found to have breached the Code, as provided for in the law. • Apply procedures during complaints that protect the due process rights of all parties. ➢ The standard of review by the courts of the actions of the MPC should be that of judicial review, whereby they only review whether the MPC has acted reasonably and in line with its mandate, and not whether its decisions are ‘correct’. ➢ Consideration should be given to requiring those who believe the media has acted unprofessionally to lodge a complaint first with the MPC under the Code of Conduct and to allowing them lodge a court case only after the MPC has processed the complaint, if they still feel they have not received appropriate satisfaction. ➢ To the extent that any system of registration is retained for the print media, consideration should be given to providing for this to be overseen by the MPC. 7. Myanmar Press Council It is very important for bodies with regulatory powers over the media to be independent of government. This helps prevent inappropriate political interference in the media and strengthens the ability of the regulator to make impartial and fair decisions. While the current regime governing the MPC contains some important protections for its independence, these could be strengthened, particularly if, as recommended above, the scope of the Council’s regulatory powers, including in relation to remedies, were expanded. Some structural reforms could also enhance the efficient functioning of the MPC. This part of the Analysis discusses the current structure of the MPC under the NML and points the way forward in terms of reforms. Since the PPEL does not address the MPC, it is not reviewed here. News Media Law Section 13 of the News Media Law provides that the membership of the MPC may range from between 15 and 30 persons. Three official members are proposed by, respectively, the President and the chair of each of the two legislative bodies. The other members are proposed by a coalition of groups of media members and agencies, printers, publishers, writers, poets and cartoonists, and a coalition of civil society groups, including academic experts. The NML does not provide any further detail on how the selection process works. The Rules provide somewhat more guidance on the appointments process, primarily via the appointment of an Election Committee. This Committee is formed by the Ministry of Information in discussion with the MPC and is composed of former Council members, legal experts, media experts and a government official. Rule 11(a) also empowers the Ministry of The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy - 16 -