Myanmar: News Media and Printing and Publishing Enterprises Law Reforms The NML neither establishes a registration scheme for media outlets nor requires individual journalists to obtain any sort of accreditation in order to engage in journalistic activities. Rule 19(g) empowers the MPC to regulate the carrying of badges or special identification by journalists. This can serve the important purpose of facilitating press access to places and events where public access is otherwise restricted and is, therefore, an appropriate activity for the Council. Section 10 of the NML recognises the right of those wishing to engage in the media activities to establish a media business in various recognised ways, such as under the Myanmar Companies Act. However, section 11 also recognises the need for media businesses to obtain any relevant certificates or licences as provided for by other laws, in this case specifically the PPEL. In addition, Rule 19(j) references the registration regime established under the PPEL, by empowering the Council to coordinate with the Ministry of Information (Department of Copyright and Registration) for the purpose of compiling lists of publications which have been granted certificates or had them revoked. Printing and Publishing Entities Law The PPEL establishes a formal process of recognition for printers, publishers and news agencies which, as previously noted, are defined broadly. The process for obtaining what essentially amounts to a licence is not clearly articulated in the Law, which merely provides that complete and correct documents must be submitted to the Ministry of Information, which issues a certificate after payment of a fee (see sections 4 and 5). Certificates may be revoked or suspended if they are found to have been applied for dishonestly (section 6) and there is a limited right of appeal to the Minister of Information if this occurs (section 7). Section 15 prohibits anyone from engaging in printing, publishing or news agency activities without a certificate or where a certificate has been revoked. This system is problematical inasmuch as it creates the risk that it could be used as a barrier to a free and independent press. Under the law, the Ministry of Information has significant discretion both to set the rules and in how to applythe system, given the absence of precisely defined procedures and requirements in law. There is, in particular, nothing to prohibit the Ministry from imposing burdensome registration requirements or high fees, from adding additional requirements for issuing certificates or from engaging in lengthy delays before issuing a certificate. Recommended Integration and Reform Ideally, the registration scheme outlined in the PPEL should be eliminated. It does not serve a clear purpose and not only places additional burdens on aspiring media outlets but entails unnecessary responsibilities for both the Ministry of Information and the MPC, which maintains a list of registered printers and publishers. Positively, in practice it appears the The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy -9-

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