A/HRC/25/64
the threat, and the necessity and proportionality of the specific action taken, in particular by
establishing a direct and immediate connection between the expression and the threat.
16.
The Special Rapporteur highlights that the value of uninhibited expression is
particularly high in the circumstances of public debate in a democratic society concerning
figures in the public and political domain. Imprisonment for defamation is disproportionate
to the offence and is never an appropriate penalty.
17.
To help avoid resorting to criminal sanctions against journalists, the Special
Rapporteur encourages the Ministry of Information to make greater use of the Interim Press
Council to resolve disputes while ensuring that the right to freedom of opinion and
expression is fully upheld. He also encourages reference to general comment No. 34 (2011)
of the Human Rights Committee, which provides guidance on the implementation of the
right to freedom of opinion and expression that is particularly relevant to Myanmar at this
point in its democratic transition.
18.
The Media Bill, drafted by the Interim Press Council, and the Printing and
Publishing Enterprise Bill, drafted by the Ministry of Information, have both been passed
by the lower and upper houses of the parliament and are now with the Union Assembly.
The Special Rapporteur received assurances from the Minister of Information that the
Ministry’s bill had been amended to remove the power of a registration official, situated in
the Ministry of Information, to grant and revoke publishing licences, and that the
registration procedure with criminal penalties for violations had been replaced with a
voluntary acknowledgement procedure which would play more of an enabling role for
publishers, for example, in helping to resolve copyright disputes. While encouraged by
those assurances, the Special Rapporteur is unclear on the details of the revisions and is still
concerned about the remaining government licensing powers and content regulation in the
draft law. He urges the Union Assembly to take into consideration his previous concerns
regarding that bill (A/68/397, para. 16) when considering final amendments prior to
adoption.
19.
Laws that have previously been used to violate the right to freedom of opinion and
expression remain on the books, including the 2004 Electronic Transactions Act and the
1950 Emergency Provisions Act. The Special Rapporteur was assured by the Minister of
Information that those laws were currently being reviewed by respective departments and
the parliament to ensure they were “in conformity with the current situation”. The Special
Rapporteur has yet to see the final outcome of the review of the laws or the passing of new
laws relevant to media freedom, including a new broadcast media bill. He calls for
continued monitoring and engagement in the process by national and international actors to
help ensure those laws meet international human rights standards.
20.
The Special Rapporteur reiterates the importance of developing a culture of ethical
and responsible journalism. He is encouraged by the countrywide consultative process that
the Interim Press Council, in collaboration with International Media Support, is currently
engaged in to establish a code of ethics for journalists, which he hopes will include
elements to counter hate speech. He was encouraged to learn from the Minister of
Information of the work being done to promote professionalism in journalism, which
includes the planned opening in July 2014 of a journalism school offering one-year diploma
courses, as well as the development of other journalism courses for students and
practitioners across the country. He highlights the importance of also training government
departments’ newly appointed spokespersons in ethical engagement with the media.
21.
The relationship between the proscription of hate speech and the flourishing of
freedom of expression should be seen as complementary. The Special Rapporteur is
concerned that the Government is not fulfilling its international human rights obligation to
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