Myanmar: News Media and Printing and Publishing Enterprises Law Reforms
Instead, generally applicable laws regulating issues such as hate speech should suffice. As
stated by the special international mandates for freedom of expression:
Content restrictions are problematical. Media-specific laws should not duplicate content
restrictions already provided for in law as this is unnecessary and may lead to abuse. Content
rules for the print media that provide for quasi-criminal penalties, such as fines or suspension,
are particularly problematical. 12
At the same time, administrative systems involving professional codes of conduct can
promote higher quality and more responsible journalism. However, a number of safeguards
should accompany any administrative systems for applying such codes. This part of the
Analysis examines the content rules set out in the both the NML and the PPEL and proposes
ways to ensure that they are better aligned with freedom of expression standards.
News Media Law
The NML sets out a number of conditions and restrictions on the content of what may be
disseminated through the media, in section 9. These conditions and restrictions, in summary,
contain obligations to review information for accuracy and completeness; to publish
corrections of errors; to presume innocence until proven guilty and to refrain from contempt
of court in coverage of ongoing court cases; to avoid improper technological modifications of
photos, pictures or sounds; to avoid including a reporter’s opinions apart from in opinion
pieces, features or criticisms; to avoid intellectual property violations; to avoid harming the
reputation or human rights of others; and to avoid instigating conflict based on birthplace,
religion or nationality. Section 9 also requires news media outlets to comply with any further
ethical requirements set by the MPC. The MPC adopted a detailed Media Code of Conduct in
2016.
In some cases, the substantive rules in section 9 are themselves a cause for concern. For
example, the references to contempt of court, defamation and hate speech are not well
defined, raising concerns that they may be misapplied or abused. More problematically,
however, is that many of these rules are completely unnecessary, given that other laws, such
as the Penal Code, already address problematical conduct in these areas. There is, as a result,
no need for special quasi-criminal rules for the media to be found in media-specific legislation
such as the NML.
Furthermore, even where special regulation of the media may be appropriate, for example in
terms of dealing with ethnic or racial issues, these rules are not remotely specific or detailed
enough to address these complex issues. Balancing the concerns raised by these restrictions
with the interest of maintaining a free press requires far more nuanced rules than the simple
references in section 9, which is a mere one-half page long. In contrast to this, the MPC’s
Media Code of Conduct is ten pages long.
Printing and Publishing Enterprises Law
12
International Mandates for Promoting Freedom of Expression, 2003 Joint Declaration. Available at:
https://www.osce.org/fom/28235?download=true.
The Centre for Law and Democracy is a non-profit human rights organisation working internationally
to provide legal expertise on foundational rights for democracy
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