Current Policy on Drafting
Media Law
Presented by
Tint Swe [Ye' Yint Tint Swe]
Deputy Director General.
Department of Information and Public Relations
Ministry of Information.
Media Law
Presented by
Tint Swe [Ye' Yint Tint Swe]
Deputy Director General.
Department of Information and Public Relations
Ministry of Information.
Introduction
Myanmar is now transforming to democratic society. To improve this
process one of the vital issue is "Attitude on Media". Nowadays Media (social
or virtual) is one of the crucial estate in political phenomena. Media,
politics and public life are inter-connected relations. Be that as it may, this
paper intends to trace the past Media Laws and the future legislation on
Media. As the presenter is one of the high officials in Information and Public
Relations, this paper is based on the experiences and personal attitude. Also
as an author of books and articles, this paper also represents the feelings and
speculation on future Media Law(s)
(Starting to change) The Media arena
Myanmar had no chance to convene on Media discussions in previous
years from 1962 to 1988, the Socialist Government run the Media Circle in
hegemony and party ideological sense. No one could interfere into the Socialist
party policy, and naturally one party system construed one man rule.
In that period, the regime established a watchdog corp, under the name
of Intelligence Service and the State policy based on one party system was
safeguarded by them. Every sectors were under watched and camour flage
as State Security and defending the Government. The Media world was also
tightened and under the iron heel, no writers, publishers and printers were
expressed free thinking and writings. The Press Serutinity and Registration
Department(PSRD) was also defamed as Military Police Office. Censorship
was very sensitive and naive. But the officials from PSRD were also human
beings. They had also human spirit and morality. They also loved liberty and
free thinking as well. But their profession was under the tightened rules, they
kept away their human spirit and obeyed the orders from upper authourities.
Then they were become notorious. No one can say, what is wrong and what
is right. Under those circumstances, no one could dare to convene like this
seminar.
This phenomena was not exceptional. The Media policy is depending
on State's Policy, it is quite match with the Governmental principles. Nowadays
Myanmar is fowarding to democratic nation with its new Constitution.
The Constitution 2008 indicates the three pillars as the other have, all laws
with previous ideology need to study and review. Some laws will be repealed,
some are need to amend and some are need to prescribe soon.
As the democratic constitutions are shown the importance of the fourth
estate, Myanmar also need to inline with the event. At the time, when the
National Convention on New Constitution processed, the Information Ministry
started to consider on the issue. Gradually, the policy reconsidered and
try to relax. But the process was not obvious and publicised.
This paper can only present briefly, because the work was too intrinsic
and the starting to make a new media law was departmental based. The following
will be the progressive schedule for the new media law from the year
2005.
1) Historically, Myanmar had the following laws regarding to Media.
(a) The Press Act 1867.
(b) The Press Emergency Powers Act 1931
(c) The Copyright Act 1914.
These laws were promulgated by the colonial government since 1867
when Myanmar was under British Government. These laws were enacted up
to 1962. (1)
In 1962, when the Army took the State power and established the Socialist
State, the above mentioned laws were still in practice and more rules,
regulations, instructions and directions were prescribed. Under the Burma
Socialist Programme Party, the Media Circle became rigid and tight, and the
Revolutionary Council (then the Military Government) promulgated the new
regulations and amended the existence.
(d) The Registration of Printers and Publishers law (1962)
But in the initial period of this law had no prior scrutinized regulation
for all literature and periodicals. But in 1964, due to the domestic
curcumstances the strict regulated for prior scrutinized became compulsory.
Later, there were so many rules, regulations, instructions orders and
from time to time notifications were made by concerning office. The 1962
law was amended two times in 1962 and 1971 and the Press Act 1867 was
repealed by this 1962 law.
After 1988, the State Peace and development Council government still
applied the above mentioned laws and regulations. The registration of Printers
and Publishers Law 1962 was amended in 1989. But in 2004 October, the
most powerful Military Intelligence Corps was abolished and in 2005. The
Press scrutiny and Registration Department became under the Ministry of
Information. (Previously it was under Ministry of Home Affairs) and The
Order 22/2005 came out.
From that date 2005- The Relaxation Concept started gradually.
During the 22 years under military administration following the 1988
military coup, in keeping with the aim of establishing a democratic state,
basic requirements for such a state were put in place in all aspects. On the
other hand, various reforms that were called for were implemented gradually
in some certain sectors. With regard to print media the existing legal instruments
at that time were the 1962 Law for Registration of Printers and Publishers
with rules and instructions added from time to time; the 1931 Act
Providing Emergency Powers regarding Printing Presses; the 1914 Copyright
Law etc. In the period from 1988 to 2004 under the military administration,
the only significant change was that the former Literary Workers’ Organization
was reorganized as the Myanmar Writer and Journalists Association.
In October 2004, the powerful military intelligence was dismantled and significant
changes in print media were made. The Department for Press Scrutiny
and Registration that was formerly under the Home Ministry was placed
under the Ministry of Information in April 2005. From that time onward,
under the leadership of Brigadier General Kyaw Sann, Minister of Information,
changes in the conduct of print media business were carried out gradually
with the help of people engaged in this business. Thanks to their discipline,
their understanding of tactical moves made by my department in accordance
with strategies laid down by the ministry. Reforms made in print media
from 2005 to 2011 are listed below:- (2)
(a)In 2005, the following were carried out-
(1)Four aims and objectives regarding scrutiny of publications laid down;
(2) Restrictions prevalent in seven sectors regarding scrutiny of
publications were eased off;
(3) Two strategies for development of print media beneficial to national
interests and to enhance news content in domestic print media;
(4) Laying down of detailed 14 tactical operations and modalities;
(5) Granting publishing licenses to those actually involved in the
publishing business;
(6) Issuing publishing licenses in hundreds in order to promote
competiveness essential in a market economy.
(b) In 2006, the following were carried out-
(1) Writers and journalists were invited to attend a briefing on
developments that had taken place nationwide, disseminating factual
news through the media;
(2) Holding press conferences in various ministries to acquaint journalists
with the kind of work each ministry is doing;
(3) Clear up misunderstanding s by the UN and various countries through
publication of pertinent articles and news releases.
(c) In 2007, the Central Supervising Committee held its second conference
and laid down three policy goals as follows-
(1) To promote furtherance of national interests by media people;
(2) To adopt “rely on a positive approach, goodwill and take a charitable
view “ as ones’ watchword in this endeavour;
(3) To see that dissent do not degenerate into conflict.
(d) In 2008, a delegation headed by a Deputy Director General was sent to
Singapore on a study tour and the following steps taken –
(1) Print and Broadcast media met with AMIC /AIBD groups and on
return, put up proposed changes to respective media to the minister
who gave necessary instructions and comments regarding their
implementation;
(2) In order to obtain end user reaction on these issues, the Department
for Scrutiny and Registration of Publications met with members of
the Literati and Journalists’ Association to prepare
media for the task of taking self-responsibility in their work.
(3) To imbue press, publishers and editors with this concept of selfresponsibility;
meanwhile the ministry will not neglect its responsibility
to take the lead in instilling this concept among this community;
(4) To cultivate the practice of printing what is newsworthy; while giving
this information in a timely fashion.
(e) 2009.Chapter VIII of The Constitution of the Republic of the Union of
Myanmar (2008) provides in section 354,sub-section (a) that “ Every citizen
shall be at liberty….to express and publish freely their convictions and
opinions” and in sub-section (d) “ ..to develop their language, literature ,culture
they cherish, religion they profess and customs…” A print media law that
will satisfy these requirements being needed, the following steps were taken
for its realization-
(1) Print media laws from various countries were procured for study;
(2) Relevant measures were taken to draft a law that will bring the terms
provided by the Constitution into fruition. (3)
(f) In 2010, the following measures were taken-
(1) Meetings were held during the months of June, October and December
during this year to identify strategies on how to ease the present
restrictions in the process of scrutinizing publications through stepby-
step moves.
(2) The plan to bring step-by-step changes in the application of the present
policy on scrutiny of publications was approved.
From the year 2010 following the election of a democratic government, a
fourth column closely tied to the triumvirate of legislative, judicial and
administrative functions of the state was fashioned with the participation of
the people. Five principles were laid down to bring the various issues involved
into sharper focus. These were-
(1) The application of Unity in Democracy, the need for such a principle,
being evident in the lack of a united effort in the literary world during
the period 1948 to 1962.
(2) To uphold national interests as the underlying principle in every facet.
(3) To eschew partiality.
(4) To take the basic position that ones’ view shall be tempered by
disciplined freedom and responsibility, liberality with reason overall.
(5) That the Association of Literati and Journalists provide guidance in
this process.
Making a distinction between publish –then – submit and submit –
then – publish processes, from 2011 June, a total of 82 journals, 96
magazines and articles of general interest belonging to five categories
were allowed to publish without preview requirements in Phase I,
similarly, from 2011 December, 32 journals, 22 magazines and
articles of general interest belonging to two categories were given
free rein to publish without preview requirements; at present, ongoing
studies are being made to remove preview requirements for
publications in the remaining three categories. The number of
publications meanwhile has grown to 204 weekly journals, 189
monthly magazines and 532 miscellaneous publications. The types
of miscellaneous publications issued during the course of this year
number 12,405. (4)
A law for print media, that abides by the provisions set forth in the
constitution is also being drafted at the same time as mentioned
follows-
(a) Using the 1931 act granting emergency powers in dealing with
publishing houses and the 1962 Law for Registration of Printing
and Publishing as guides.
(b) Using tenets enshrined in the Universal Declaration of Human
Rights as guides in establishing terms for press freedom, rights and
responsibilities for writers and journalists and culling pertinent aspects
of legislation on print media promulgated in countries such as USA,
UK, Germany, Hungary, Singapore, Malaysia, Viet Nam , the
Philippines, Thai and Cambodia.
(c) The draft legislation will be submitted to the Attorney General’s
Office for comments , then to the cabinet for approval and then to
the Pyidaungsu Hluttaw for approval and its subsequent
promulgation in keeping with established procedure.
The Printing Press and Publications Law as it has been termed
provisionally, will be made up of chapters mentioned below-
Chapter I- Definitions.
Chapter II- Rights, Duties and Ethical Codes for Writers and
Journalists.
Chapter III- Principles to be observed by publications.
Chapter IV- Committee for Press Freedom and Raising Ethical
Standards.
Chapter V- Registration of Printers, Publishers and Distributors.
Chapter VI-Handing in Newspapers, Periodicals, Journals,
Magazines, Books and Other Publications.
Chapter VII- Newspapers, Periodicals, Journals, Magazines and Other
Publications that are contrary to terms and provisions of this law.
Chapter VIII- Dissemination of publications externally or internally.
Chapter IX- Penalties.
Chapter X- General Provisions.
While this piece of draft legislation undergoes the process necessary for it to
become law, as I have mentioned above, one thing I can assure you is that
such freedom, rights and protective measures granted by the constitution and
8
democratic principles shall be observed. Thank you for your kind attention
during this presentation and I would like to add that such comments and advice
given in this workshop by scholars, distinguished guests and those who have
presented papers will be noted down by me and given due consideration.
Media are intermediate agencies that enables communication to take
place. (5)
The Media are business and yet they are also ascribed a special function
in the democratic health of a society; the media are the news media and function
as journalism, but they are also the entertainment media and provide escape
from the presssures of everyday life. (6)
Successful media strategies are increasingly dependent on the
management of the policy. But the media have been criticised for a variety of
reasons
- they are said to focus too much on conflict & personalities.
- they are involved in unnessary intrusions of privacy.
- they exacerbate the distance between the public and those who govern
them.
- they do not facilitate a great diversity of view-point.
It is important that we critique modern media methods that alienate the
public and hinder the democratic health of a society, but we must do this
within a context that locates the Media as a legitimate and central
communicative mechanism in modern societies that validates the performative
basis of public life. (7)
The following points to ponder may conclude the paper.
Myanmar' transition is processing.It should understand that progress
will be slow,but the State move carefully. It is unlikely that without some
legal framework as exists for real-world speech and action, moral suasion
will be enough to convince public to support freedom of speech and expression.
It would be nice to have a flexible set of legislation, relaxible procedures
that could be used against different regimes and different period, time to time
different public.
The Media envirionment always demand for freedom of expression.
But every citizen must aware on his rights and responsibilities.
Media were central to both the freedoms and the disciplinary structures
of the nation & national identity.
Thank You all
End Notes
(1) Myanmar law Index 2011.
(2) Ministry of Information, Laws, Regulations, Instructions and Orders; Central Supervision Committee
Up to 2010 March
(3) Union of Myanmar Constitution 2008.
(4) Ministry of information, literature Scrutiny Policy: Changes and Performative;
Instructions and Notifications
1st Phase 2011 June
2nd Phase 2011 December
(5) O Sullivan. T-et -al, 1994 Key Concepts in Communication & Cultural Studies 2 nd edition: Routledge
london. P-176)
(6) [Geoffrey Craig "The Media, Politics & Public life South Asian Edition: Allen & Unwin 2007] P-3
(7) Shirky, Clay The Political Power of Social media, the Public Sphere and Political Change
Foreign Affairs, New York: Jan / Feb 2011 Vol 90, issue 1, P-28.
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