laws related to media freedom

8/14/2019 Laws Related to Media Freedom

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Press In BurmaPress In Burma (2007)(2007)

WeekliesWeeklies - 118- 118

Monthly Magazines 144Monthly Magazines 144

Other Publication - 1145Other Publication - 1145


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Challenges for Emergence ofChallenges for Emergence of

Independent Media In BurmaIndependent Media In Burma

LegislationLegislation

RegistrationRegistration

CensorshipCensorship


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Laws related to Media FreedomLaws related to Media Freedom

KONBAUNG DYNASTYKONBAUNG DYNASTY

1837 -1837 - Safeguarding the Press Freedom:Safeguarding the Press Freedom:

17 Articles17 Articles


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BRITISH ERA (Colonial Era) (1878- 1948)BRITISH ERA (Colonial Era) (1878- 1948)

18781878 Vernacular Press Act (First censorshipVernacular Press Act (First censorship

in Burma)in Burma)

18981898 Criminal Procedure CodeCriminal Procedure Code-- Treason and sedition on grounds of disseminating falseTreason and sedition on grounds of disseminating false

information against the stateinformation against the state

19081908 Unlawful Associations ActUnlawful Associations Act

19231923 The Official Secrets ActThe Official Secrets Act

- Restriction on possession of classified information from the- Restriction on possession of classified information from the

StateState

1930s1930s Burma Wireless Telegraphy ActBurma Wireless Telegraphy ActRestriction on possession of Telegraph machine withoutRestriction on possession of Telegraph machine without

permissionpermission


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PARLIAMENTARY DEMOCRACY ERAPARLIAMENTARY DEMOCRACY ERA

19491949 Emergency Provisions ActEmergency Provisions Act

-- Criminalize the spreading ofCriminalize the spreading of

false news knowingly and thefalse news knowingly and the

slandering of civil servants andslandering of civil servants and

military officialsmilitary officials


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GENERAL NE WIN'SGENERAL NE WIN'SERAERA

19621962 Printers andPrinters and

Publishers RegistrationPublishers RegistrationLaw (Press ScrutinyLaw (Press ScrutinyBoards)Boards)

-- All printers and publishersAll printers and publishersto register and submit copies of theirto register and submit copies of theirpublications to Press Scrutiny Boardspublications to Press Scrutiny Boards


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19751975 The Memorandum to all PrintersThe Memorandum to all Printersand Publishers Concerning theand Publishers Concerning the

Submission of Manuscripts for ScrutinySubmission of Manuscripts for Scrutinywas issued by the Printers andwas issued by the Printers andPublishers Central Registration Board.Publishers Central Registration Board.

- gave explicit guidelines on materials that would be- gave explicit guidelines on materials that would be

censored, including those whose contents were injurious to thecensored, including those whose contents were injurious to theBurmese socialist program, the state ideology, the socialistBurmese socialist program, the state ideology, the socialisteconomy, national unity, security, peace and public order,economy, national unity, security, peace and public order,pornographic in nature, libelous, slanderous, or critical of thepornographic in nature, libelous, slanderous, or critical of theSTATE.STATE.

19751975 State Protection LawState Protection Law-- allows authorities to imprison any persons who haveallows authorities to imprison any persons who have

been suspected of being a threat to national peacebeen suspected of being a threat to national peace


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SLORC (1988- 1997)SLORC (1988- 1997)

19881988 Martial LawMartial Law 19961996 - (5/96) Law Protecting the Peaceful- (5/96) Law Protecting the Peaceful

and Systematic Transfer of Stateand Systematic Transfer of State

Responsibility and the SuccessfulResponsibility and the SuccessfulPerformance of the Functions of the NationalPerformance of the Functions of the National

Convention against Disturbances andConvention against Disturbances and

OppositionsOppositions

- prohibits activities aimed at destroying peace,- prohibits activities aimed at destroying peace,stability, law and order and illegalized acts ofstability, law and order and illegalized acts of

demeaning the National Conventiondemeaning the National Convention


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1996 - Media Laws1996 - Media Laws

- Television and Video Act- Television and Video Act (Licensing of TV,(Licensing of TV,Satellites and Video Cassette Recorders)Satellites and Video Cassette Recorders)

-- institutes Video Censorship Boardsinstitutes Video Censorship Boards

- Motion Picture Law- Motion Picture Law ((requires licenses issued byrequires licenses issued bythe Myanmar Motion Picture Enterprise in makingthe Myanmar Motion Picture Enterprise in making

films)films)-- Motion Picture Censor BoardMotion Picture Censor Board

-- Computer Science Development LawComputer Science Development Law ((allallcomputer equipment must be approved by thecomputer equipment must be approved by the

Ministry of Communications, Posts, andMinistry of Communications, Posts, andTelegraphs)Telegraphs)

- Criminalization of distribution, transfer, or- Criminalization of distribution, transfer, oracquisition of information that undermines stateacquisition of information that undermines statesecurity, national solidarity and culturesecurity, national solidarity and culture


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SPDC (1997- 20--)SPDC (1997- 20--)

20002000

- Internet Law (- Internet Law (

prohibits posting of writings thatprohibits posting of writings that

are harmful to state interests)are harmful to state interests)Myanmar Information Communications TechnologyMyanmar Information Communications TechnologyDevelopment Corporation (MICTDC) licenses cybercafsDevelopment Corporation (MICTDC) licenses cybercafs

Users are required to register, and owners are required to saveUsers are required to register, and owners are required to savescreen shots of user activity every 5 minutes, and uponscreen shots of user activity every 5 minutes, and uponrequest, deliver them to MICTDC for surveillancerequest, deliver them to MICTDC for surveillance

20082008 --

Law 1/2008 -Law 1/2008 - Referendum Law for the Approval of the DraftConstitution of the Republic of the Union of Myanmar,2008

Prevents lecturing, distributing papers, using posters ordisturbing the voting in any other mannerin the polling booth or on the premises of polling booth or at the public or pr

ivate place to destroy the Referendum.


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Burma Mass Media Law- BLCBurma Mass Media Law- BLC

The objectives of the Burma Mass Media ActThe objectives of the Burma Mass Media Act

are as follows:are as follows:

(1) To protect individuals and collective groups in(1) To protect individuals and collective groups in

the exercise of their right to freedom of expression;the exercise of their right to freedom of expression;(2) To make efforts for the emergence of dignified(2) To make efforts for the emergence of dignified

newspapers, journals, magazines and radionewspapers, journals, magazines and radio

television programs which meet the internationaltelevision programs which meet the international

standards and which observe fundamental humanstandards and which observe fundamental humanrights, and the journalists who are qualified inrights, and the journalists who are qualified in

those areas; and, to provide protection for theirthose areas; and, to provide protection for their

performances in accordance with the law;performances in accordance with the law;


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(3) To establish a mechanism through which the(3) To establish a mechanism through which the

victims, whose rights may be violated by thevictims, whose rights may be violated by the

newspapers, journals, magazines and radionewspapers, journals, magazines and radiotelevision programs in exercising the right totelevision programs in exercising the right to

freedom of expression, can seek remedy forfreedom of expression, can seek remedy for

their grievances peacefully, and;their grievances peacefully, and;

(4) To support the efforts of the people in(4) To support the efforts of the people in

establishing a society in which justice, freedom,establishing a society in which justice, freedom,

peace and development are promoted by thepeace and development are promoted by the

professional newspapers, journals, magazinesprofessional newspapers, journals, magazines

and radio television programs.and radio television programs.


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Mass Media Law- BLCMass Media Law- BLC

Section (6) Compliance with the CodeSection (6) Compliance with the Code

of Conductof Conduct

The news agencies, reporters, journalistsThe news agencies, reporters, journalists

and editors shall comply with the Code ofand editors shall comply with the Code of

Conduct regulated by the Commission forConduct regulated by the Commission for

Mass Media.Mass Media.


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Application for LicenseApplication for License

Section (19) Application by CitizenSection (19) Application by CitizenThe registered organization or the citizen, whoThe registered organization or the citizen, who

seeks permission to establish an enterprise forseeks permission to establish an enterprise for

a periodical or press agency shall register witha periodical or press agency shall register with

the Commission for Mass Media, duly formedthe Commission for Mass Media, duly formedby the Ministry of Information.by the Ministry of Information.


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Section (21) Commission for Mass MediaSection (21) Commission for Mass Media

(1) The Commission for Mass Media shall be formed as(1) The Commission for Mass Media shall be formed asfollows:follows:

(a) Representatives from the organizations formed(a) Representatives from the organizations formed

by the people who are working for newspapers,by the people who are working for newspapers,journals and magazines 9journals and magazines 9

(b) The academics teaching journalism in the(b) The academics teaching journalism in theUniversities 3Universities 3

(c) The officials appointed by the Ministry of(c) The officials appointed by the Ministry of

Information 3Information 3(2) The Union Government shall prescribe a(2) The Union Government shall prescribe aregulation of functions to be observed by theregulation of functions to be observed by theCommission.Commission.


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Section (25) ActionSection (25) Action

The Commission, upon notification of complaints byThe Commission, upon notification of complaints byindividuals whose rights have been violated byindividuals whose rights have been violated byperiodicals or press agencies, can take the followingperiodicals or press agencies, can take the followingactions:actions:

(a) Investigation(a) Investigation

(b) Negotiation among the parties(b) Negotiation among the parties

(c) Instruction to mention the explanatory statement(c) Instruction to mention the explanatory statement

(d) Warning(d) Warning

(e) Serious Warning(e) Serious Warning(f) Suspension of license with limitation(f) Suspension of license with limitation

(g) Termination of license(g) Termination of license

(h) Dismissal from the relevant working field(h) Dismissal from the relevant working field

(i) Provide guidelines for a complainant to file a(i) Provide guidelines for a complainant to file alawsuit in the court in accordance with the lawlawsuit in the court in accordance with the law


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Section (23) Restriction on LicenseSection (23) Restriction on License

The establishment of more than twoThe establishment of more than two

similar enterprises for periodicals or presssimilar enterprises for periodicals or press

agencies shall not be permissible by anyagencies shall not be permissible by any

citizen, foreigner or organization.citizen, foreigner or organization.


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Section (22) Licenses for Radio andSection (22) Licenses for Radio and

TelevisionTelevision

In accordance with the Constitution of theIn accordance with the Constitution of the

Federal Union of Burma, the member StatesFederal Union of Burma, the member States

in the Federal Union of Burma shall have thein the Federal Union of Burma shall have theauthority to license radio and televisionauthority to license radio and television

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