AFP
Burma's Information Minister Aung Kyi on Thursday defended a highly criticized draft press law, saying some restrictions in it are aimed at preventing "poisonous" writings and protecting religious sensitivities, but journalists maintained that it was a "regressive" step.
Aung Kyi said that since media censorship was abolished in August last year, the government of reformist president Thein Sein "has found increasing poisonous writings in magazines and journals."
"The monks and other people are concerned over the future of their religion after seeing these poisonous writings."
Aung Kyi maintained that the printing and publishing bill, which has been submitted to parliament and is set to replace the draconian 1962 Printers and Publishers Registration Act, is intended to "protect the national interest."
"The proposed law will not only keep away poisonous writings but also maintain international standards in protecting press freedom," he claimed.
Critics of the law, drafted by the information ministry, say however that it threatens to reverse press freedom gains that have been made since Thein Sein took over two years ago.
It gives the government broad powers to cancel publishing licenses, control media content, and severely punish journalists, they say.
It restricts reporting on several vaguely defined topics, including any news or commentary critical of the military-drafted 2008 constitution, and allows for six-month prison sentences for failing to register news publications with the government, reports have said.
Proposed guidelines under the law prohibit the publication of any news that could "disturb the rule of law," "incite unrest," or "violate the constitution and other existing laws."
No effective consultations
Local journalists claim the government failed to effectively consult with them when it drafted the law, thus preventing parliament from hearing the views of the vibrant media community.
"All media practitioners should be included in discussions aimed at drafting the law so that MPs can study the draft with all the facts in front of them," said Maung Wuntha of the Myanmar Journalists Association (MJA).
"There have to be ethics for the media but they should not limit freedom of expression and freedom of the press, because under the new law the administration officials will be controlling the media," said Ko Ko of the Myanmar Press Council.
"We have other laws to take care of violations of national security. The press law shouldn’t be used for this and to control the media," he said.
The 30-member council was set up jointly by the government and media groups in August 2012 with the aim of devising a media law. Local journalists were caught by surprise when the government forged ahead with its draft legislation and sent it to parliament.
Another government move that startled local journalists was the recent formation of a “supervisory committee” aimed at carrying out many of the same functions of the former censorship board, including monitoring media output and revoking publishing licenses of newspapers deemed to “violate” regulations.
A spokesperson for the President Thein Sein’s office told Democratic Voice of Burma (DVB), a nonprofit Burmese media group, on Wednesday that the panel, comprising dozens of high-ranking officials including government, police, and military intelligence, was formed in January to oversee the registration process for all media publications.
Win Tin, a veteran Burmese journalist, said he was concerned that the military was being roped in amid government efforts to curtail the media.
He said that military intelligence officers also sat on a panel that drafted the media law.
"Why did they put military officials in the draft law committee when the leaders have been saying they want to reduce military involvement in the administrative functions?" he asked.
"It could be seen that they are not interested in wanting all levels of the media to be included in the drafting process," he said.
'Promises not rolled back'
But the Information Ministry insists it is not rolling back on promises to loosen its grip on Burma's long-shackled media industry.
Thida Tin, the deputy director-general of the information and public relations department, said that before the law was drafted, the ministry discussed the issue with members of the Myanmar Printing and Publishing Association and those of Myanmar Publishers and Distributors Association.
She also said that while the draft law allows the information minister to withdraw or suspend the registration of a publication if its owner "dishonestly or deceitfully applies for registration or does not abide" by the law, there is still the option of an appeal process.
"In this situation, this person can submit an appeal to the [minister]," she said.
Responding to critics who believe the information ministry is trying to control press freedom, Thida Tin said the minister cannot act alone in withdrawing and suspending the printing and publishing registration.
"Only the Cabinet meeting decides this case. It is the standard procedure of the government," she said.
She pointed out that in the 1962 law, there were 33 principles for printing and 27 principles for publishing while in the new draft law, there are only five principles covering both areas.
"These five principles mainly deal with national security, public order, and morality which are mentioned in Article 19 of the International Conference on Civil and Political Rights. Thus, it can be said that these five principles are in line with Article 19," she explained.
"If the registration officer finds that a publication is not in line with the five principles, he or she can declare it an invalid publication."
"But it is accepted only as an invalid one. There is no intention to retract all the copies of the published newspapers and close down the printing press. This fact highlights the freedom of expression," she said.
Under the 1962 law, she said, if someone breached the principles prescribed in it, the printing press could be shut down, the owner arrested, and copies of the already published paper retracted and destroyed.
Last week, state media announced that only eight daily publishing licenses had been issued out of 14 scrutinized applicants. The Eleven Media Group, which has led a vocal campaign against recent media restrictions, was reportedly rejected for missing a 100 kyat (U.S. $0.11) revenue stamp from its application.
Burma currently ranks 151 out of 179 on Reporters Without Borders’ press freedom index.
Reported by Win Naung Toe, Zin Mar Win, Khin Maung Soe, and Khin Khin Ei for RFA's Burmese Service. Translated by Khet Mar. Written in English by Parameswaran Ponnudurai.
