Broadcasting Law analysis

[Oliver]

Dear friends,

Please find attached our assessment of Myanmar’s new Broadcasting Law as adopted in August of this year. We have assessed it against international standards and best practices in the region. (We are currently translating it into Burmese.)

There are some positive aspects of the Law: it recognises the basic principles of freedom of expression and media pluralism. The Law also recognises the fundamental principles of fairness, transparency and participatory processes needed to develop further media policy. 

However, the Law has several areas of concern that will undermine the freedom and independence of the media. In our assessment, ARTICLE 19 makes a number of recommendations based on international standards, key of which are:

1. The Law should be amended to safeguard the media’s independence from government control. In particular, the president should have no role in choosing or removing members of the Council.
2. Government media should be privatised or turned into public service media – it is not acceptable in a democracy to have media directly controlled by the government.
3. The Law’s provisions on public service media are vague – the Law should be amended or a new law adopted as soon as possible. (Or the old draft returned to parliament.)

We also recognise that the development of this law was far more inclusive than the News Media Law and the Printers and Publishers Law, which is a really good sign that the government is indeed opening up more and more to engaging with civil society.

Having said that, for the Law to be truly appropriate for a democracy (including a transitional democracy), it will need amending.

If you have any questions or would like to know more, please do contact me.

Best,

Oliver

Oliver Spencer

Head of Asia 

[Oliver]

[Zunetta Herbert]

Thanks Oliver. Very interesting and useful analysis.

[jasa...@nor.com.au]

Thanks Zunetta,

A very sound analysis Oliver.  This made me read the Broadcasting Law.

Regards

Janelle 

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[Oliver Spencer-Shrestha]

Thanks Janelle,

FYI, it’s been amended a few months ago. You can see the analysis and the amended law here: http://freeexpressionmyanmar.org/broadcasting-law/

Best,

Oliver

[jasa...@nor.com.au]

Thanks Oliver,

I shall update my copy.

I see there is media commentary on it.  Thant Myint-U had tweeted, to which I etweeted and said something like,

Well intentioned laws but poor drafting.  A Central Legislative drafting Unit (POC) with expertise is urgently needed.

Many are of the view that if one is a lawyer one can draft a law.  An understandable but not an evidenced based view.

Regards

Janelle