Myanmar: News Media and Printing and Publishing Enterprises Law Reforms current registration scheme has not been widely used to impose undue obligations or as a tool for control.11 However, it is better to close off the potential for such abuse in the future. Alternatively, if registration requirements are kept, an amended law should specify that fees must be reasonable, establish a simple procedure for obtaining registration, specify that registration cannot be denied or revoked for reasons other than the submission of fraudulent documents and set clear timeframes for the issuance of certificates. Ideally, the process should be overseen by a non-political body, such as the body which registers corporations or the MPC. An appeal to the courts, rather than to the Ministry of Information, should be available where registration is refused or revoked. Finally, the lack of a licensing requirement for journalists is commendable and should be retained, as should provisions empowering the MPC to develop rules governing accreditation of journalists and carrying of journalistic badges. The protection could be strengthened, however, by specifically providing in the law that a licence is not necessary to practise journalism and by limiting accreditation to situations where public access is otherwise limited. Recommendations: ➢ The special scheme of certificates for printers and publications should be removed. ➢ If the system is retained, the potential for abuse should be constrained through provisions which: • Specify that any registration fee should be reasonable, affordable and/or limited to covering administrative expenses. • Clarify the registration procedure in a way that ensures that it is simple, accessible and rapid. • Limit denial of registration to cases where incomplete or fraudulent documents have been provided. • Do not allow the Minister of Information to impose additional registration requirements. • Provide for oversight of the system by a non-political body, such as the MPC. 5. Restrictions on Media Content and Activities Media regulation must balance the interests of promoting professional media conduct with respect for freedom of expression and of the press. To avoid unnecessary restrictions, international standards counsel against special criminal or civil regimes for media content. For example, according to one survey, editors and print media managers reported that “for the most part, registration was a simple and quick process without any overly burdensome criteria or hidden fees.” UNESCO and IMS, Assessment of Media Development Indicators in Myanmar, 2016, p. 41. 11 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy - 10 -