In 2014, the Burmese parliament enacted a News Media Law to govern the behaviour of the media. A free, uncensored and unhindered media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other rights, and constitutes one of the cornerstones of a democratic society. Laws that restrict the media must thus be drafted with particular care. While the News Media Law has some positive aspects, including the recognition that “publications of the news media industry shall be free from censorship,” it contains very troubling content-based restrictions, enforced by criminal fines that have already been used to prosecute members of the media. The law sets forth a broadly worded code of conduct for the media. Section 9(g) of that code of conduct prohibits writing that “deliberately affects the reputation of a person or organization or that disrespects their human rights, unless the writing is in the public interest.” Violation of this provision can lead to a fine of up to 1 million kyat (US$834).
In November 2014, the Ministry of Information served 11 staff members of the Myanmar Herald, ranging from the chief editor to two members of the distribution staff, with notice that they were being charged with criminal defamation under the News Media Law for writing news “that deliberately affects the reputation of a specific person or organization.”
The trial lasted eight months. In July 2015, the court found the chief editor, Kyaw Saw Win, and the author of the article, Ant Khaung Min, guilty, and dismissed the charges against the other nine defendants. Both men were sentenced to the maximum permitted fine of 1 million kyat (US$834).
More information
“Report on Repressive Laws in Burma” by Info Birmanie