Myanmar: News Media and Printing and Publishing Enterprises Law Reforms
powerful social actors to avoid trying to exert undue influence over media content in other
ways, such as through advertising or threats.
Second, a key right which is not currently protected is the right to protect the anonymity of
confidential sources of information. This is a foundational protection for a free press, as it
allows journalists to obtain information that might otherwise never become public knowledge.
Protection of sources has long been considered a foundational feature of journalistic ethics.
Laws should accordingly protect the ability of journalists to honour this ethical commitment.
This right is not absolute but it should only be suspended in strictly defined circumstances and
typically via court order. For example, section 10 of the United Kingdom Contempt of Court
Act, 1981, states:
No court may require a person to disclose, nor is any person guilty of contempt of court for
refusing to disclose, the source of information contained in a publication for which he is
responsible, unless it be established to the satisfaction of the court that disclosure is necessary
in the interests of justice or national security or for the prevention of disorder or crime.
Similarly, in the Philippines section 1 of Republic Act No. 53, as amended by Republic Act
No. 1477, provides the following protection for confidential sources:
Without prejudice to his liability under the civil and criminal laws, the publisher, editor,
columnist or duly accredited reporter of any newspaper, magazine or periodical of general
circulation cannot be compelled to reveal the source of any news-report or information
appearing in said publication which was related in confidence to such publisher, editor or
reporter unless the court or a House or committee of Congress finds that such revelation is
demanded by the security of the State.
Third, while the NML’s recognition of a limited right to report anonymously is a step in the
right direction, it should be replaced by a general protection of the right to publish
anonymously. This may encourage journalists to write about sensitive matters, such as
corruption and other criminal behaviour, where otherwise they might fear reprisal. Such
anonymity does not block subsequent civil suits, as someone who is aggrieved may still sue
the media entity for content deemed to be illegal. In this case, editors should have the freedom
to decide to take collective responsibility for content by allowing journalists to retain
anonymity. If disclosure of identify is necessary for a serious criminal matter, a court order is
the appropriate vehicle for this.
Fourth, the law should recognise the right of journalists and other media workers to organise
themselves into professional bodies and associations. This supports the development of media
professionalism by encouraging training, the promotion of professional standards and
knowledge sharing.
Fifth, while the provisions in the NML governing journalistic access to conflict and protest
zones, as well as protection in those zones, are important, they should be supplemented and
strengthened. Journalists may need protection not only when working in conflict areas but
also when reporting on highly sensitive issues such as corruption or organised crime. States
have an obligation to protect all journalists who are in fact at risk due to their reporting, rather
than only those who operate in dangerous locations. In addition to protection, the law should
The Centre for Law and Democracy is a non-profit human rights organisation working internationally
to provide legal expertise on foundational rights for democracy
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