Myanmar: News Media and Printing and Publishing Enterprises Law Reforms the system if they wish to be treated as professional media actors. In this case, they will benefit from the protections offered by the law but also be subject to the more onerous legal obligations it imposes on media outlets. Recommendations: ➢ The terms used to define the scope of the law should be clear and appropriately narrow, with the focus specifically on professional news media outlets. ➢ Printers, publishing houses, publishing enterprises, publications and other non-media entities, such as civil society organisations, should not be included in the scope of a new law. ➢ Only staff of media outlets who are engaged in news-gathering and directly related activities should be subject to the law in terms of both the benefits it confers and the obligations it imposes. At the same time, the right of non-journalists to freedom of expression and to engage in (non-professional) acts of journalism should be recognised. ➢ The law should distinguish between media which operate online and other forms of online content, and only apply to the former, although consideration should be given to allowing the latter to opt in on a voluntary basis. 3. Positive Protections Currently, the NML and PPEL establish several protections for the rights of persons engaged in the news media business. These are important and, together, provide strong protection for the exercise of media freedom. This part of the Analysis identifies these provisions, noting that they should be retained in any amended legislation, and proposes areas where protections could be stronger. News Media Law The objectives of the NML, set out in section 3, affirm the rights and freedoms of media workers, the rights of citizens to write and distribute information through the news media, and the role of the news media as the fourth estate. Section 4 contains a list of rights of news media workers. These include the rights to criticise the legislative, executive and judicial branches of government; to investigate, report on and disseminate information of importance to citizens; to expose cases where citizens have been deprived of their rights; and for publications not to be subject to prior censorship. Some of these rights are limited, however, by references to acting in accordance with the Constitution and the code of conduct. Anonymity is protected in limited circumstances under section 8(a), namely when writing on specific public interest matters such as public health, security, the natural environment or The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy -5-