Myanmar: Analysis of the Second Amendment of the Broadcasting Law distribution services (sections 46-66) – and then a number of rules that govern all broadcasting services. Some of the latter include: • Allocating minimum percentages of time to programmes produced locally and by independent producers (section 67). • Broadcasting programmes for special audiences (section 69). • Preserving programmes for 28 days (section 70). • Providing programmes of “high historical value” to various archival bodies (section 71). • Respecting various rules relating to advertising (sections 72-4). • Respecting the broadcasting code of conduct (sections 75-82). The code shall impose a number of obligations on broadcasters, including to respect balance and impartiality in the news, to strive for accuracy in the news, to classify programmes, to show respect in terms of taste and decency, and in relation to religion, human rights issues and the coverage of crime. • Rectifying mistakes and providing a right of reply (sections 84-6). It is quite clear that while it may be legitimate to impose these sorts of requirements on professional broadcasters, and potentially also on the audio and video content disseminated by print media outlets, these sorts of requirements are entirely inappropriate for most of the audio and video content disseminated over social media platforms or through other private websites (other than those operated by professional media). Consider, for example, the absurdity of requiring a commercial company which hosted an advertising video clip on its website to offer a right of reply or to produce programmes for special audiences, or even of requiring a private video blogger to allocate time to independent producers. The code of conduct, in particular, is specifically designed to apply only to professional broadcasters. Re comme n dation s ! ! The expansion of the definition of “broadcasting” should be removed entirely and replaced with the earlier definition of this. At a minimum, the definition of “broadcasting” should, insofar as it applies to online dissemination of content, be clear in scope, be limited to entities that which effectively operate as radio or television stations, be justified by reference to a legitimate aim and exclude non-profit services. O t h e r I ssu e s An important part of the Second Broadcasting Amendment is devoted to adding imprisonment as a sanction to the fines currently found in sections 96-99 of the Broadcasting Law, effectively transforming them from administrative into criminal offences. These changes are as follows: • The section 96 sanction, for breach of section 92, namely operating a broadcasting service without a licence, has been increased from MMK 30-50,000,000 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 4