Myanmar: Outline of Rules Affecting Freedom of Expression Content Media Regulation Independence of Regulatory Bodies and Commercial Issues Criminal • Hate speech Advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence • Security/Public order Intended and likely to incite to imminent violence • Obscenity Not just offensive material but harmful content like child pornography • Judiciary To protect the integrity of the judicial process, not individual judges • Blasphemy/False news Neither are legitimate Online Content • Content filtering Illegitimate if not end-usercontrolled • Blocking orders Should be exceptional, proportionate, carefully tailored to harmful content and subjected to judicial/quasi-judicial oversight • No strict liability for intermediaries Intermediaries should not be held strictly liable for content • Specific to online harms Restrictions should avoid duplicating existing legislation and should target online-specific harms Journalists • No licensing/registration Everyone should be free to engage in journalism • Protection of sources Right to protect confidential sources of information • Accreditation Only to ensure privileged access of journalists to limited space venues, not to control access to the profession • Protection from attacks States should protect journalists from attacks by State and non-State actors, including online Print Media • No licensing • Technical registration No discretion to refuse once requisite information has been provided • Rights of correction and reply Right of correction where this will redress the harm; reply only for breach of a legal right • Complaints Preferably self-regulatory; based on a pre-established code of conduct and only light sanctions Private Broadcasters • Licensing Based on a frequency plan Process should be fair and transparent Key goal should be to promote diversity • Code of Conduct Developed in consultation with all stakeholders with the aim of setting standards, not punishing Civil/Administrative Digital Space Public Service Broadcasters • Defamation Only for legitimate reputation, with appropriate defences (truth, opinion, reasonably publication) and limited sanctions • Privacy Only where there is a reasonable expectation of privacy and this is not outweighed by the overall public interest • Right to Information Law Should be adopted and implemented • Online harms Specific to harms unique to cyberspace and non-duplicative of existing laws • No licensing No licensing requirement for online content, at most only for the means of distribution • Promotion of Internet access Obligation to promote access • No Internet shutdowns No general Internet shutdowns for any geographic area • Net neutrality No differential treatment of Internet traffic based on device, content, author, destination or origin of data • Independence Governed by an independent board and benefiting from independent sources of public funding • Mandate The mandate should be clearly set out in law, including providing a quality news service and serving all sections of society The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 2