Myanmar: News Media and Printing and Publishing Enterprises Law Reforms
also place a special responsibility on law enforcement authorities to make an extra effort to
bring those who commit crimes against journalist to justice.
Finally, the right of the media to distribute content via any means of communication should
be preserved and strengthened, subject only to specific regulatory rules governing those
means of communication, such as the rules governing the allocation of broadcasting
frequencies. A new law should retain and extend the provisions in the PPEL about
disseminating content online, so as to recognise a general right to disseminate via any
communications platform, especially given that communications systems continue to evolve
rapidly.
Recommendations:
➢ The law should recognise explicitly the rights to freedom of expression and to
freedom of the media, as well as the importance of an independent media sector.
➢ Consideration should be given to adding the following to an amended law:
• Protection for editorial independence, meaning the right of media entities
alone to make decisions about what content they publish.
• The right to protect confidential sources, along with conditions on when
courts can order source disclosure.
• The right of media workers to publish content anonymously.
• The right of media workers to organise themselves into professional bodies
and other associations.
• Protections for all journalists who are at risk of attack for what they write, as
well as an obligation on administration of justice actors to make a special
effort to bring those responsible for such attacks to justice.
• The right to distribute content via any available means of communication,
subject only to special regulatory regimes governing those systems (such as
the rules governing the allocation of broadcasting frequencies).
4. Recognition of Media Businesses
Registration or licensing requirements for the media may be appropriate in limited
circumstances. For example, licences in the broadcasting context can ensure diversity in the
airwaves and accreditation schemes can promote journalistic access to places where public
access is limited, such as courtrooms. However, international human rights standards and
better practice at the national level discourage special registration requirements for the print
and online media, since they rarely serve any legitimate policy purpose and are prone to abuse
as a tool for exercising control over the media. Similarly, requiring individual journalists to
register or obtain licences represents an inappropriate restriction on the practice of journalism.
News Media Law
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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