Myanmar Press Council: Legitimacy Requires Independence The Myanmar Press Council: Legal Requirements The MPC was established by the 2014 News Media Law and has a role to resolve disputes with the media as an alternative to legal dispute resolution, such as through criminal charges against journalists. The News Media Law states that the Myanmar Press Council: • Is responsible for performing its tasks independently • Can receive complaints about the media and engage in conciliation proceedings • Members are appointed by the President but must be proposed by: o The speakers of the Pyithu Hluttaw and Amyotha Hluttaw o Representatives of media and writing communities o Representatives of civil society and academic communities While the News Media Law could have stronger protections for the MPC’s independence, it clearly envisions an independent Council. This has been the case with previous appointments of members, who were robustly independent of government. The Myanmar Press Council under the Military Regime In the months following the February coup, members of the MPC resigned, citing an inability to continue supporting media freedom. Since then, the military has appointed new members. The new Myanmar Press Council cannot be relied upon to act independently. The current chair and vice chair both have strong military ties. While the military claims Council members have been selected by members of appropriate media communities, there is no evidence of genuine consultation with the independent media. Rather, the military has acted to target and close independent media outlets. It was clear already back in February that the military regime was not going to allow the MPC to do its work independently. At that time, the Ministry of Information directed the MPC that journalists should avoid certain “incorrect words” surrounding the coup. This is grossly inappropriate; it is up to the MPC, and not political actors, to set and apply professional standards. And this was a clear attempt to try to force the media to align with military messaging. The MPC cannot be legitimate, and cannot do its job properly, if it is not independent. It should not be acting as an enforcer for the military regime but as a supporter of media freedom. Further Reading ▪ ▪ Briefing Note on Independent Regulation of the Media in English (https://bit.ly/31jfskv) and Burmese (https://bit.ly/3xWL2k9) Briefing Note on the Print Media in English (https://bit.ly/31nPBY8) and Burmese (https://bit.ly/3G8qx6z) 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