Myanmar: News Media and Printing and Publishing Enterprises Law Reforms Section 25 establishes fines for violations of some provisions of section 9, namely failing to publish a correction of inaccurate news (for breach of section 9(a) of MMK 100,000 to 300,000 or approximately USD 65 to 195), or improper technological modifications to photos, pictures and sounds, breach of intellectual property rights or content which affects the human rights or reputations of others (for breach of sections 9(d), (f) or (g) of MMK 300,000 to 1,000,000 or approximately USD 195 to 655). According to section 30, cases under section 25 should proceed via a direct complaint before the courts. For instigating conflict based on birthplace, religion or nationality – in breach of section 9(h) – the matter should be prosecuted under existing laws (section 26), while no explicit penalties are provided for violating other provisions, such as requirements to review information for accuracy and completeness (section 9(a)), to avoid contempt of court (section 9(c)), to avoid expressing opinions apart from in certain circumstances (section 9(e)) and to comply with any additional ethical rules set by the MPC (section 9(i)). Printing and Publishing Enterprises Law The Ministry of Information has important enforcement powers under the PPEL. It has the authority to issue certificates to printers and publishers, to revoke or suspend such certificates and to deal with appeals from decisions to revoke or suspend certificates. It is also responsible for receiving notices regarding import or export of publications. It is the courts, however, which have the authority to impose penalties for breach of these legal obligations, pursuant to sections 19-21. These penalties take the form of fines, which range from MMK 100,000 to 5 million (approximately USD 65 to 3,275). For breach of the rules on content in section 8 of the Law, the person involved may apply to the appropriate court, which then has the power to issue a temporary injunction banning distribution of the publication and/or to issue a declaration of invalidity, essentially cancelling the publication (sections 9-10). Recommended Integration and Reform Overall, we recommend that the primary body for regulating the print media should be the MPC, subject to ensuring that this body is sufficiently independent (see below under Myanmar Press Council). An appeal from the decisions of this body should then lie to the courts. In line with our recommendations on content, under Restrictions on Media Content and Activities, the MPC should be empowered both to develop and to apply the Code of Conduct. It should, in this regard, have the power both to conduct conciliation proceedings and to undertake formally binding adjudications. The law should also set out clearly the remedial measures or sanctions which the MPC may impose (beyond simply engaging in mediation). This could range from a simple warning to requiring the media outlet to issue a statement acknowledging a breach of the Code of Conduct. In the most serious cases, the Council might also be empowered to issue fines, but only where the conduct involved was egregious and The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy - 14 -