In October 2020, the Government of Myanmar finally adopted By-laws under the Broadcast
Law,27 which was itself adopted in 2015. This was an essential precondition for bringing the
Broadcast Law into effect. In particular, by-laws needed to be adopted before the National
Broadcasting Council, the main regulatory body under the Broadcast Law, could be appointed.
According to the Law, the Council is responsible for undertaking such tasks as issuing (and
revoking) licences to broadcasters and setting and enforcing standards regarding content,
including by adopting a Code of Conduct for broadcasters.
Among other things, the Broadcasting By-laws elaborate on the procedures for appointing
members of the Council that are outlined in the Broadcast Law. The next step is to move forward
and actually appoint the Council. The Broadcast Law provides that the “Council shall be
autonomous and independent from government authorities, juridical and natural persons
involved in the planning, production, and broadcasting of radio and television programmes”.28
Members of the Council are also required to be “independent and impartial in the exercise of
their functions”.29 It is very important that these provisions be respected in practice as members
of the Council are appointed.
Telecommunications Commission Bill
In March 2020, the Amyotha Hluttaw passed the Telecommunication Commission Bill,30 which
was under discussion in the Pyithu Hluttaw as of July.31 The Bill would establish a new
regulatory body for telecommunications, including allocating licences. It would provide a legal
framework governing the appointment, duties and operations of the new Commission.
Establishing an independent telecommunications regulator in Myanmar is desirable. Currently,
there is a reference to a telecommunications regulator in the Telecommunications Law, which
instructs the Union Government to form “the independent Myanmar Communications
Commission”, be led by an “appropriate person at the Union level”.32 However, no further detail
is provided to ensure that such a Commission would actually be independent. Better practice
internationally is for primary legislation to include detailed rules on the appointment of members
of such commissions and other rules to protect their independence. In this area, then, specific
legislation creating a Telecommunications Commission is welcome.
If the Bill currently under consideration is similar to the public version of the Bill released in
English in 2017, it provides that the Commission shall be an independent and impartial body.33
27
No. 53 of 2015, 28 August 2015. Available in English at:
https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs21/2015-08-28-Broadcasting_Law-en-red.pdf.
28
Ibid., Article 2(q).
29
Ibid., Article 16(a).
30
Global New Light of Myanmar, Amyotha Hluttaw Passes Myanmar Telecommunication Commission Bill, 24
March 2020. Available at: https://www.gnlm.com.mm/amyotha-hluttaw-passes-myanmar-telecommunicationcommission-bill.
31
Global New Light of Myanmar, Pyithu Hluttaw Raises the Curtain on 17 th Regular Session, 14 July 2020.
Available at: https://www.gnlm.com.mm/pyithu-hluttaw-raises-the-curtain-on-17th-regular-session.
32
Telecommunications Law, note 6, section 86.
33
Draft Myanmar Communications Regulatory Commission Law, 2017, section 53. Available in English at:
https://www.mlr.ltd/news/myanmar-telecommunications-law/article/motc-notice-2017-draft-myanmarcommunications-regulatory-commission-law-mcrc.
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