A/HRC/28/72 ensure the plurality of broadcast media and the equitable allocation of licencing regimes between public, commercial and community broadcasters. Concerns were also raised over the proposed Public Service Media Law. The Special Rapporteur highlights the importance of establishing a public broadcaster that can operate in an independent manner with editorial freedom, which should include a system of funding that does not undermine its independence. 6. The Printing and Publishing Enterprise Law replaced the Press (Emergency Powers) Act and the Printers and Publishers Registration Law in 2014. The new law requires all publications to be registered by the Ministry of Information, with five-year licences granted. While that improves on the one-year licences provided previously, the new law lacks safeguards to prevent the politicization of decisions on the granting of such registrations. 7. The News Media Law was adopted in 2014 with some positive improvements on earlier drafts, including the removal of prison sentences for violations of the law. However, the law places vague restrictions on freedom of expression, with media workers permitted to investigate, publish and broadcast information in accordance with undefined “rules and regulations” that may lead to unforeseen restrictions, and with other “entitlements” qualified by reference to the Constitution or other unspecified laws. It also contains an overly broad duty to avoid writing news that deliberately affects the reputation of a specific person or organization. The law establishes a Media Council to assist in dispute mediation and to oversee the code of conduct set out in the law. The Special Rapporteur recommends that the law be reviewed with a view to removing the code of conduct, which should be voluntary, and strengthening the Media Council, including by making it a more independent body with safeguards from political influence. Such a body would then be able to develop a culture of self-regulation in the media. 8. The Special Rapporteur heard of cases in which journalists, human rights defenders and persons expressing critical opinions continued to be intimidated, harassed and/or imprisoned under defamation, trespassing and national security laws that are not consistent with international human rights standards. In December 2014, the Committee to Protect Journalists released its annual census of media professionals imprisoned worldwide. 2 Myanmar appeared on the list for the first time since 2011, ranking as the eighth worst jailer of journalists. There are currently 10 journalists imprisoned in Myanmar, all of whom were convicted in 2014. They include the chief executive and four staff members of the Unity weekly news journal, who were sentenced to 10 years in prison in July 2014 under the 1923 Official Secrets Act. On 2 October, the regional court reduced their sentences to 7 years following an appeal. The five were found guilty of exposing State secrets after a report in Unity in January 2014 had alleged the existence of a secret chemical weapons factory in Magway Region, in central Myanmar. 9. Human rights defenders informed the Special Rapporteur of regular surveillance through phone calls, and monitoring of and inquiries about their movements and activities. She highlights the obligation of the Government to demonstrate the necessity and proportionality of such measures, including in relation to the right to privacy, and to establish judicial and parliamentary oversight over the executive’s use of surveillance powers. 10. A significant challenge identified by the Special Rapporteur during her visit was the need for the Government to address hate speech and incitement to violence as part of its obligation to ensure a safe and secure environment for all, including ethnic minorities, 2 4 Available from www.cpj.org/imprisoned/2014.php.

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