Myanmar: News Media and Printing and Publishing Enterprises Law Reforms Introduction1 On 14 March 2014, two laws governing the print media were adopted in Myanmar, namely the News Media Law (NML)2 and the Printing and Publishing Enterprises Law (PPEL).3 The adoption of two laws governing essentially the same issue seemed anomalous to many stakeholders and, in its 2013 analysis of a draft of the PPEL, the Centre for Law and Democracy (CLD) suggested that the two processes be combined so that a single law governing the print media sector could be adopted.4 This did not happen and, until now, the two laws have coexisted despite a number of provisions which overlap in terms of their subject matter. In the meantime, in August 2015, a dedicated Broadcasting Law was adopted to regulate that media sector. For some time now, the Myanmar Press Council (MPC), which was created by the NML, has been discussing the idea of reforming the NML. To contribute to that process, in November 2016, CLD prepared a detailed analysis of ways in which the NML could be improved. 5 In a meeting in December 2018 between representatives of CLD and of the MPC, the idea of integrating the two laws, namely the PPEL and the NML, came up again and, to move this process along, CLD promised to prepare an analysis of the two laws, pointing to how they might be combined and what an integrated and improved version might look like. This Analysis is the outcome of that process. It aims both to reform the legal framework for the print media, in particular with an eye towards bringing it into line with international standards relating to the right to freedom of expression, and to integrate the substance of the PPEL and NML6 so as to have one law governing this sector. It was prepared by the Centre for Law and Democracy (CLD), with the support of International Media Support (IMS) and FOJO Media Institute.7 1. Combining the Two Laws As noted above, CLD recommends that Myanmar move to integrate the relevant parts of the NML and the PPEL into one law. Maintaining two separate laws is redundant as they both 1 This work is licensed under the Creative Commons Attribution-Non Commercial-ShareAlike 3.0 Unported Licence. You are free to copy, distribute and display this work and to make derivative works, provided you give credit to the Centre for Law and Democracy, do not use this work for commercial purposes and distribute any works derived from this publication under a licence identical to this one. To view a copy of this licence, visit: http://creativecommons.org/licenses/by-nc-sa/3.0/. 2 Law No. 12/2014, adopted the 14th Waxing Day of Daboung, 1375 M.E. (14 March 2014). 3 Law No. 13/2014, adopted the 14th Waxing Day of Daboung, 1375 M.E. (14 March 2014). 4 Comments on the draft Printing and Publishing Enterprises Law prepared by the Ministry of Information of Myanmar, March 2013. Available at: http://www.law-democracy.org/live/wpcontent/uploads/2013/03/Comments.Printing-Law.13.03.28.pdf. 5 Note on Reforming Myanmar’s News Media Law, November 2016. Available at: https://www.lawdemocracy.org/live/wp-content/uploads/2019/01/Media-Law-note.Nov16.final_.pdf. 6 Including the Rules adopted under this Law. 7 More information about CLD, IMS and FOJO and their work is provided at the end of this document. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy -1-

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