Myanmar: Outline of Rules Affecting Freedom of Expression This section outlines the key features of and options for regulation of the media in a manner which is consistent with freedom of expression. The first part focuses on three key crosscutting media regulation themes, namely the need for regulatory bodies to be independent, the need for regulation to foster diversity and core commercial measures. The second part is divided along the lines of key types of media, namely journalists, the print media, the broadcast media, public service broadcasters and online content. 3.1. Overview Three key principles underpin media regulation: • • • Freedom: the rules should not unduly restrict the freedom of the media either in terms of the establishment and operation of media outlets or in terms of content. Independence: the rules should as far as possible prevent both State (political) and commercial interference in the media. Diversity: the rules should promote diversity so as to promote the widest possible access to the media and to ensure that the media serve the needs and interests of all groups in society and showcase a wide range of perspectives and content. 3.1.1. Independence of Regulatory Bodies It is well established under international law that bodies which exercise regulatory powers over the media – whether this be over licensing, accreditation, allocation of subsidies or any other issue – should be independent in the sense of being protected against interference of a political or commercial nature. Indeed, as noted above, this is a fundamental principle of media regulation. The reasons for this are fairly obvious. Absent such protection, the decisions of these bodies will be influenced by political or commercial considerations rather than freedom of expression and the public interest. The lack of protection for independence is one of the most serious threats to freedom of expression in many countries. The question of how to protect independence in practice is a difficult one, and the specific modalities of doing so depend on the local political and institutional context. As a general principle, involving a greater range of players – including the legislature and civil society – in the process of appointing the governing members of regulatory bodies helps to bolster independence. Protection for the tenure of members, and against removal once appointed, is also important. 3.1.2. Diversity The 2007 Joint Declaration on Diversity in Broadcasting of the four special international mandates on freedom of expression – the United Nations Special Rapporteur on Freedom of The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 12