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 6

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