An Assessment of Media Development in Myanmar

This joint report by International Media Support (IMS) and UNESCO is a study of Myanmar’s media landscape and includes recommendations for steps in the country’s media reform process. Based on UNESCO’s Media Development Indicators (MDIs), offering a framework by which to assess the media landscape in a country at any given time and to recommend possible steps to further develop a free, independent, and pluralistic media landscape in line with international standards, the document seeks to support independent media and a legal framework to protect access to information as continuing elements in the "democratic transition" of Myanmar. (See related summaries for more on the MDIs.)

"The research was carried out between May 2014 and April 2016 by IMS and a team of researchers from the National Management College (NMC), Department of Journalism in Myanmar. Each chapter of the report highlights the findings and provides a set of recommendations on the way forward in a view to contribute to the ongoing reform of the media sector in Myanmar."

Key recommendations from the Executive Summary include the following:

• "Myanmar should sign and ratify international treaties which pertain to freedom of expression, including the International Covenant on Civil and Political Rights, the (first) Optional Protocol to the International Covenant on Civil and Political Rights and the International Convention on the Elimination of all Forms of Racial Discrimination.
• The 2008 Constitution should be amended to strengthen guarantees of freedom of expression (i.e. Article 354) and the right to information. These guarantees should not allow ordinary laws to restrict these rights but should, instead, impose clear conditions on any laws which restrict these rights.
• Only a judiciary that acts independently can properly interpret laws which restrict freedom of expression in the public interest. The government should promote the independence of the judiciary and address reported corruption issues within it.
• The government should promote wider public participation in legal reform processes and more proactively communicate on the legal reforms pertaining to freedom of expression by creating wider opportunities for interactions with the public.
• The government should continue consultations with relevant stakeholders with a view to adopting a Right to Information (RTI) Law.
• Significant reforms to the colonial-era Penal Code should be adopted. Any restrictions on freedom of expression should be provided by law,limited to the protection of legitimate interests as listed in the Article 19(3) of ICCPR [The International Covenant on Civil and Political Rights] and necessary to protect those interests.
• The wider legal system has not kept pace with media legal reform and political and social norms. Consequently, many antiquated laws that restrict freedom of expression remain. Some recent legislation also contains restrictions on freedom of expression. Numerous reforms to the Myanmar legal system are needed. Removal of or amendments to specific laws are described in detail in the Recommendations section of chapter one of this assessment.
• Legislation that protects the confidentiality of journalists’ sources should be adopted.
• State-owned broadcasters should be turned into public service or private broadcasters, and all references to state-owned media should be removed from the Broadcasting Law.
• The National Broadcasting Authority should develop the Broadcast Spectrum Management Plan in consultation with broadcasters and civil society and develop a dissemination plan and public awareness raising initiatives for this proposal.
• The Ministry of Information and the Myanmar News Media Council (MNMC) should develop guidelines for the fair and unbiased placement of government advertisements in all types of media.
• The government should consider a tax policy which actively supports the media and community broadcasters in particular.
• Media houses should include diversity and gender mainstreaming initiatives in their employment practices. Media development organizations should provide media houses with technical support to this end.
• Media development organizations should support the emergence of community broadcasters.
• The public service remit for public service broadcasters should be defined in and protected by law.
• The government and media development organizations should provide adequate funding and technical assistance to the newly created MNMC in order to perform its functions as a media self-regulatory body.
• The MNMC should increase its engagement with media houses outside of Yangon to garner their support and enhance its legitimacy as a self-regulatory body for the media.
• International media organizations should conduct extensive media sensitivity programming with the military and police so that they know how to properly engage with the media.
• Basic journalism training should be the main focus for journalists’ capacity-building projects. Efforts should be made to provide more training courses outside of Yangon as well as to conduct training in ethnic languages for ethnic media.
• Gender and diversity should be included in both academic journalism education programmes and training courses/events for media professionals.
• Media development organizations should continue to support media professional associations so that they are able to effectively advocate for media workers’ rights and provide them with support both in Yangon and across the country.
• The Ministry of Education (MOE), Ministry of Information (MOI) and relevant media development organizations should work together to promote the development of journalism programmes in universities across Myanmar. Emphasis should be placed on selecting a university in Mandalay to offer a degree in journalism in order to improve access to academic journalism training in the north of the country."