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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