Draft Printers’ Law to reverse ‘media freedom’ in Myanmar

AFTER a much-hyped “spring” of freedom, is democratization slipping back to “winter” in Myanmar?

Journalists and international groups on Monday expressed grave concerns and sharp criticism of a draft Printers and Publishing Enterprise Law (PPEL) that Myanmar’s Ministry of Information recently submitted to Parliament.

And for good reason, according to the Southeast Asian Press Alliance (SEAPA).

A network of independent media organizations in the region that includes the PCIJ, SEAPA said the PPEL bill “ensures government’s continued grip on the print media through licensing controls, which represent a renewal of the old 1962 Printers and Publications Act (PPA).” Moreover, SEAPA averred that the Ministry’s “lack of transparency surrounding the process” points to “a regime still unwilling to embrace media freedom in its fullest sense.”

SEAPA, in its analysis, wrote: “The bill is being introduced by the MOI for the ostensibly benign purpose of establishing rules for conducting such businesses. Apart from the PPEL, bills to regulate the broadcast and online media are also on the agenda of the government.”

The current situation will trigger three problems, however, SEAPA said.

“The first involves the secrecy surrounding the drafting of PPEL drafted by the ministry, which was submitted to Parliament to the surprise of the media community. The old law that was abolished in January this year had been one of the major challenges to the media community and the citizens’ right to know in the past.”

“Reintroducing the law under a pretext of reform will definitely not win the MOI more friends. And to do it without any consultation with the local media community and civil society groups shows the government’s intention of bulldozing back into the political agenda a law to control the media,” it added.

Secondly, “by pushing through this draft law, the MOI seems to be undercutting the Interim Press Council (IPC) it formed in September last year and which was tasked, among others, to work on a draft media law and develop the foundations for a media council.”

It seems like, SEAPA added, “the IPC is merely a diversion for the media community, while the MOI aimed at regulating the foundations of the media industry with continued control of registration of the print, online and broadcasting media.”

The IPC, the Myanmar Journalists Association, and the Myanmar Journalists Network have all issued strong statements rejecting the PPEL. “Clearly,” SEAPA said, “these groups should have been brought into the process and allowed to make their recommendations.”

Last but not least, SEAPA said a third problem that may arise relates to provisions in the draft law, “which will fundamentally contradict and negate the spirit of building a free media and the anticipated openings in the media landscape.”

The PPEL, it noted, “will override any further action to promote a free media by strictly regulating the establishment of private printing and media, and setting limits the contents they can publish.”

SEAPA stressed that “this is in blatant disregard of international and even ASEAN standards on the right to freedom of opinion and expression.”

“The intent behind the law to maintain a censorship regime is bolstered by recent revelation of a government body established to monitor the publications of local journals,” SEAPA cited,

On Jan. 23, 2013, Myanmar created the Central Supervisory Committee for Registration and Distribution of Printers and Publishers, with representatives of security agencies and regulatory bodies as members. It preempted the draft bill, SEAPA said, “by taking on monitoring functions not yet defined by law.”

The full text of the SEAPA analysis may be read here.

Myanmar parliament votes to investigate blogger

THE HLUTTAW or Parliament of supposedly democratizing Myanmar recently voted to investigate a blogger for writing an article that allegedly “dishonored” the legislators.

The Southeast Asian Press Alliance (SEAPA), a network of independent media organizations in the region, in an alert report said that the lawmakers created a 17-member bicameral commission to identify and take action on the blogger.

The article focused on efforts by the lawmakers to “amend the Constitutional Tribunal Law, saying that such moves was intended to gain more control over the judiciary and was thus in breach of the 2008 Constitution,” SEAPA said.

The blogger who used the name Dr Sate Phwar wrote: “The very people who swore to safeguard the constitution are now violating it intentionally.”

Gayathry Venkiteswaran, SEAPA executive director, said the lawmakers’ move “sends a strong warning to the online community that government will not tolerate any criticism.”

The full text of the SEAPA report follows:

MYANMAR’s Hluttaw (Parliament) approved on 8 February a proposal to investigate a blogger for writing a critical article that “dishonored” the legislature.

A 17-member bicameral commission was formed to determine the identity and take action on a blogger who wrote under the pseudonym “Dr Sate Phwar”, who wrote a 17 January 2013 article entitled “Is the Hluttaw (Parliament) above the law?”.

The Hluttaw’s move stems from a 17 January proposal by lower house representative Dr Soe Yin of the military-backed Union Solidarity and Development Party (USDP) from Kamaryut Constituency accusing the writer of dishonoring the dignity of Parliament, its members and performance, which could mislead the public and the international community.

His motion was passed on the same day by a 347 to 157 vote in favor of the investigation, with 42 abstentions. A commission was formed to be headed by headed by U Mya Nyein, deputy speaker of the Pyidaungsu Hluttaw (Assembly of the Union, the bicameral parliament) and U Nanda Kyaw Swa, deputy speaker of the Pyithu Hluttaw (House of Representatives), and 15 other members from both houses. .

According to state-run Burmese language Kyaymon (The Mirror) newspaper, the Commission will investigate: whether the article defames the Parliament and its members; whether the facts contained can mislead the public; whether it violated the Electronic Transactions Law governing facsimile, email, internet, intranet and similar communication technologies; or whether Sate Phwar’s exercise of freedom of speech violates other laws related to national security, rule of law, peace and morality or if he was within his rights as a law abiding citizen.

The Commission is also given authority to give orders and consult with concerned government units to determine the identity of “Dr Sate Phwar”.

The article, which was published on Dr Sate Phwar’s blog Voice of Myanmar, criticizes recent attempts by the Parliament to amend the Constitutional Tribunal Law, saying that such moves was intended to gain more control over the judiciary and was thus in breach of the 2008 Constitution.

“The very people who swore to safeguard the constitution are now violating it intentionally,” Dr Sate Phwar wrote in the article.

He mocked the parliament by suggesting adding a new constitutional clause which says, “Any decision by the Parliament should be adopted no matter what the Constitution says.”

Later, an apology was posted on 20 January for the said article.

Some articles in the blog had been published by the Smart News Journal of the Ministry of Communications and Information Technology. However, the blogger’s identity is not widely known.

According to the Democratic Voice of Burma, the Parliament’s decision risks denting Burma’s progress on media freedom, noting that the decision comes within the same week that the government abolished a draconian law on public speeches, previously used to silence critics.

Members of local blogging community in Myanmar have said that the Parliament is “wasting its time” by focusing on such minor issues as this article.

They added that Dr Sate Phwar was acting within his right to freedom of expression, and should not be charged.

A prominent blogger, Nay Phone Latt, who also heads the Myanmar ICT for Development Organization (MIDO), further cautioned against the use of the Electronic Transactions Law, which continues to threaten the freedom of netizens in the country.

SEAPA executive director Gayathry Venkiteswaran expressed concern with the use of the power of the Parliament to go after someone who expressed his opinion online, saying the move “sends a strong warning to the online community that government will not tolerate any criticism.”

PH faces transparency test by independent OGP team

TRANSPARENCY TRUE OR FALSE? Real or reel?

Is the Aquino administration fully committed in theory as much as in practice in fulfilling its promises to achieve transparency, accountability, and good governance? But what about its failure to lead the passage of the Freedom of Information Act in the 15th Congress?

This March, the answers will be known in part as the Philippines comes under review by a team from the Independent Reporting Mechanism (IRM) of the Open Government Partnership (OGP), a network of 57 nations (governments and civil society) that was initiated by US President Barack Obama in 2010.

In December 2011, the Aquino government submitted the Philippines’ OGP Action Plan titled “Institutionalizing People Power in Governance To Ensure Direct, Immediate and Substantial Benefits to the Poor.” It pledged to implement most of its program commitments until December 2012.

Yet it seems like the govenrment has some catching up to do in regard to the pace and progress of promises it has pledged to fulfill under the OGP framework.

For one, the government — represented in the OGP by Budget and Management Secretary Florencio “Butch” Abad — has not yet convened a steering committee of civil society leaders, as it had promised to do for the OGP. Abad sits in the nine-person OGP Steering Committee of government leaders.

But thus far, Abad has only convened in early 2012 an interim steering committee of three CSO representatives from groups familiar to or working closely with the DBM. The interim committee was expected to convene an assembly of CSO leaders who were supposed to elect the members of the regular CSO Steering Committee but this has not happened as of this writing.

In its OGP Action Plan, the government assured that it will “Organize a Philippine Open Governance Partnership” throughout the OGP process. It stated: “During the preparatory phase of this Action Plan, the Government will organize a Philippine Open Governance Partnership that will be tapped in plotting open government reforms in the medium-term, in monitoring performance and in surfacing broader areas where interventions need to be escalated. Government will engage a broad spectrum of national and local CSOs, business groups, academe and other stakeholders; as well as reach out to the Legislature, the Judiciary, Constitutional Bodies and Local Governments for them to take part in open government endeavors.”

Apart from the Philippines, seven other countries will be assessed by the IRM’s panels this year: Brazil, Indonesia, Mexico, Norway, Tanzania, United Kingdom, and United States.

The OGP’s Independent Reporting Mechanism is “a multilateral initiative that aims to secure concrete commitments from governments to promote transparency, empower citizens, fight corruption, and harness new technologies to strengthen governance.”

To become and remain eligible as OGP members, participating countries “must embrace a high-level Open Government Declaration, deliver a country action plan developed with public consultation; and commit to independent reporting on their progress going forward through the… IRM.”

The OGP said, “the IRM is a key means by which all stakeholders can track progress and OGP’s impact within participating countries. By tracking progress, it promotes strong accountability between member governments and citizens.”

“The IRM works primarily through annual independent assessment reports for each OGP participating government. Each report will assess country on development and implementation of action plans, progress in fulfilling open government principles, and will develop technical recommendations,” the OGP said.

A panel of “well-respected individuals, the International Experts Panel (IEP) directly oversees the IRM. The independent reports “will assess implementation of the commitments adopted by OGP participating governments in their country action plans.. with emphasis on development and implementation of action plans,” including:

* “The extent to which the action plan and its commitments reflect, in a country-specific way, the OGP values of transparency, accountability, and civic participation, as articulated in the OGP Declaration of Principles and the Articles of Governance.

* “Wherever relevant, IRM reports may reflect actions or measures relevant to the country’s participation in OGP that were not originally reflected in the action plan.

* “The degree to which OGP governments are following OGP process requirements and guidance in the development and implementation of their plans, in keeping with the (OGP) Articles of Governance.

* “Progress made on the articulation and implementation of each commitment and the plan as a whole, according to milestones laid out by the government in its action plan.

* “Technical recommendations regarding how countries can improve implementation of each commitment and the plan as a whole, as well as how to better realize the values and principles of OGP, with specific reference to the OGP Articles of Governance and the OGP Declaration of Principles.”

Budget usec writes OGP on PH failure to pass FOI

OTHER priorities take precedence over the Freedom of Information (FOI) bill, hence the failure of the Aquino administration to “to live up to its commitments by not making sure a freedom of information bill passed,” according to an undersecretary of the Department of Budget and Management.

In a letter to the OGP Steering Committee, DBM Undersecretary and Chief Information Officer Richard E. Moya said the Aquino government remains committed to pass an FOI law, said a report of the freedominfo.org, an online network of FOI advocates.

“Indeed, we expressed this acknowledgment in the Philippine OGP Action Plan for 2012. However, we must clarify that the government did not explicitly commit to enact the FoI within the Action Plan’s period,” Moya wrote.

Because Congress is “an independent branch of government,” Moya said the administration cannot make commitment to ensure passage, but that it “took important steps in pushing for the enactment of the FoI, including the official transmission to Congress of an Administration version of the bill.”

Nonetheless, Moya reported that the administration has managed to get Congress to assure “the passage of critical socio-economic measures,” but he did not say that this all happened on certification of President Aquino.

He wrote: “These include the Reproductive Health law, which was needed to address serious reversals in maternal health and other Millennium Development Goals; the Sin Tax (excise tax on tobacco and alcohol) Reform measure, to secure urgently needed resources for universal healthcare; and amendments to the Anti-Money Laundering Act (AMLA) to ensure substantial compliance with international anti-money laundering standards.”

According to freedom.info.org, Moya’s Feb. 13, 2013 letter assured that the government has taken other steps to increase transparency. The letter was sent to the members of the Steering Committee of the OGP.

The Philippines is a founding member and sits on the OGP Steering Committee through Budget Secretary Florencio “Butch” Abad. It is not clear why only Moya, and not Abad himself, wrote the OGP Steering Committee members.

Freedominfo.org noted that “that position of leadership was all the more reason that the government should have passed a FOI bill, a campaign promise by President Benigno Aquino, according to critics who asked the OGP to ‘signal’ its disappointment.”

Atty. Nepo Malaluan, co-convenor of the Right to Know. Right Now! Coalition and co-director of the Institute for Freedom of Information, and Toby Mendel, executive director of the Centre for Law and Democracy, in a Feb. 8, 2013 letter to the OGP “expressed the widespread view among FOI supporters in the Philippines that Aquino failed to do enough to encourage legislative action on FOI.”

“They said this was inconsistent with the Philippines’ OGP action plan, which did not promise passage a FOI bill, but called it a ‘critical’ component of the plan. OGP leaders also should be held to a high standard, the critics said,” freedominfo.org reported.

“OGP officials had told FreedomInfo.org said that the OGP Governance and Leadership Subcommittee, meeting by teleconference last week and in Jakarta, Indonesia, on Feb. 18, likely would discuss the subject,” the report said. “There have been no public statements from the OGP on the matter.”

“OGP officials have said that criticizing governments is not an OGP function. On one other occasion, involving a controversial ‘secrecy bill’ in South Africa, the OGP Steering Committee members from civil society organizations wrote a joint letter expressing their concerns,” freedominfo.org said.

In his letter, Moya said the Aquino administration “has taken great strides in ensuring that the principle of transparency is not only reflected in policies but is also practiced by institutions in their day-to-day operations.”

“Many reforms that make information public in an unprecedented way have been undertaken. For instance, for the first time, national agencies have been required by law to disclose their respective agencies’ budgets, procurement plans, awarded contracts, status of budget implementation and other such relevant information. We have likewise instituted the same disclosure policy for local government units,” Moya wrote.

“Rest assured,” Moya said, “that our government will continue to work hard towards the enactment of an FoI law within the remaining years of the present Administration. Moreover, recognizing that the Philippines has many well-crafted but poorly-implemented laws, we are committed to work with the FoI advocates in building the foundations for a meaningful access to information.”

Cyberscouts, restrictive laws choking cyberspace in Asia – CPJ

THE PHILIPPINES is well on her way to joining a roll of dishonor of nations in Southeast Asia that are restricting online freedom. That is, if President Aquino should insist on enforcing the much-criticized Cybercrime Prevention Act.

It is not a charming company at all of countries in the region that are now infringing on freedom of expression in cyberspace through national security-hinged laws, judicial crackdown, surveillance and censorship.

These are the findings of a fresh report, In Asia, Three Nations Clip Once-Budding Online Freedom,” by Shawn W. Crispin, senior representative for Southeast Asia of the Committee to Protect Journalists (CPJ).

In particular, Thailand, Malaysia and Vietnam — “countries that once had some of the region’s most promising online openings and vibrant blogospheres — stand out as the most egregious backsliders due to official crackdowns,” he said.

And yet, it was “through critical postings and commentaries, online journalists in the three countries had challenged officialdom’s traditional control over the mainstream media,” Crispin noted. “Their independent reporting opened once untouchable institutions and largely unaccountable politicians to more public scrutiny and criticism.”

Seeing online commentaries as “a threat to their authority,” the governments in these nations “are fighting back with a vengeance, employing increasingly harsh tactics including the imposition of intermediary liability and local data hosting requirements, and the use of underlying anti-state and national security laws to crack down on Internet freedoms,” he said.

In China, Crispin said journalists believe “Beijing’s repressive model” now seems to be serving other governments a reference. Thus, the deployment of “Internet agents,” known respectively in Malaysia, Thailand, and Vietnam as “cybertroopers,” “cyberscouts,” and “red guards,” are now “flooding online political forums with pro-government propaganda or undermine critical bloggers through ad hominem attacks.”

Nonetheless, the Philippines, Cambodia, and Singapore are charting parallel restrictive tracks. The three nations, Crispin averred, “are moving more tentatively, mostly through legal measures governing the Internet, in the same restrictive direction.”

For the here and now, “they have only partially succeeded,”because “tech-savvy reporters have made effective use of proxy servers and other technological roundabouts to circumvent state-administered blocks and maintain their online anonymity and security.

Indeed, across Southeast Asia, Crispin wrote, “governments have curtailed Internet freedoms through increasingly restrictive practices, including prohibitive laws, heightened surveillance and censorship, and threats of imprisonment on various national security-related offenses.”

“In Thailand, a court recently ruled that website editor Chiranuch Premchaiporn criminally liable for a criticism of the monarchy that an anonymous visitor had posted on her news website Prachatai. The landmark verdict, Crispin wrote, “effectively shifted the onus of Internet censorship in Thailand from government authorities to Internet intermediaries.”

Because she failed to remove the comment quickly enough — it lingered for over 20 days on Prachatai — the court ruled that Chiranuch had “mutually consented” to the critical comment.

She was acquitted of nine other charges but in this intance, Chiranuch was dealt an eight-month suspended prison term under the 2007 Computer Crime Act. This law passed in May 2012 in the wake of a military coup applies Thailand’s strict lese majeste law to online content, among other restrictions.

“While the ruling sent a stark warning to all online journalists in Thailand,” Crispin said, “it also implied that Web managers of user-generated platforms like political chat rooms, social media applications, and e-commerce hubs could also be held accountable for content posted to their sites deemed offensive to the royal family, a criminal offense punishable by 15 years in prison under Thai law.”

“The verdict,” Chiranuch was quoted as saying, “confirmed that the [Computer Crime Act] could be implemented to restrict Internet freedom by requiring intermediaries to police Internet content.” The law, she lamented, “has had direct effects on freedom of expression and free flow of information because Internet intermediaries now must practice self-censorship.”

Meanwhile in Vietnam, “pseudonymous bloggers have gravitated from domestic to foreign-hosted platforms to conceal their identities.”

Thirteen of the 14 journalists imprisoned in late 2012 were jailed “primarily for their online writings.” They include prominent bloggers Nguyen Van Hai, Ta Phong Tan, and Phan Thanh Hai, who were sentenced respectively to 12, 10, and four years in prison for online postings, Crispin reported. The judge assigned to the case ruled that the bloggers had “abused the popularity of the Internet” and “destroyed people’s trust in the state.”

Bloggers Dinh Dang Dinh and Le Thanh Tung had also been slapped jail terms to six and five years for supposedly mounting “propaganda against the state” online.

In Malaysia, “where the government tries to maintain the illusion of an uncensored Internet,” Crispin said, “curbs against online freedom have been less overt but similarly disruptive for journalists.”

“In 1996, in an effort to lure foreign investment to the Multimedia Super Corridor, a state-led information technology development project, then-Prime Minister Mahathir Mohamad and other senior officials vowed not to censor the Internet,” he recalled. “The no-censorship promise was also included in the corridor’s 10-point ‘bill of guarantees’ and the 1998 Communication and Multimedia Act.”

“Despite the Internet freedoms guaranteed under the Communication and Multimedia Act, bloggers have been detained and charged under provisions of the Official Secrets Act, the Sedition Act, and the Security Offenses Act for postings on such sensitive topics as race, religion, and official corruption. The vague national security-related laws have recently been extended to stifle online criticism of Malaysia’s royal sultans.”

In July 2012, Crispin said, blogger Syed Abdullah Syed Hussein al-Attas was briefly detained by the police under the Official Secrets Act over a series of investigative articles he posted about the sultan of the state of Johor.

In 2010, Khairul Nizam Abd Ghani, who blogs under the name Aduka Taruna, was detained under the Sedition Act for postings considered insulting to Johor state’s royal family, Crispin wrote. The blogger was acquitted in June 2012 “after state prosecutors failed to present evidence to justify the charges.”

Additionally, “Malaysiakini, the country’s leading online news portal, has been persistently singled out for harassment, both from official and anonymous sources,” Crispin said. “Days before a pivotal state election in 2011, Malaysiakini and two other news websites were hit by debilitating denial-of-service attacks of unknown origin that forced them to publish through alternative domain names and platforms.”

The CPJ’s research showed that the news portal “has also been hit by unexplained cyber attacks at least 35 times since the site was founded in 1999.”

In April 2012, Malaysia’s parliament passed an amendment to the 1950 Evidence Act “that made intermediaries liable for any seditious postings made by anonymous visitors to their online platforms or over their Wi-Fi networks.”

Crispin wrote: “The amendment threatened to ‘open the door to selective, politically motivated prosecutions,’ the U.S. government-funded Freedom House said in a September report on global Internet conditions.”

“The amendment has sent a chill down the spine of Internet users,” Crispin quoted Anil Netto, a prominent Malaysian political blogger, as saying. “It makes me more careful about moderating comments that are posted on my blog… just to be on the safe side against seditious or potentially libelous remarks.”

Crispin is a reporter and editor for Asia Times Online, and author of the 2012 CPJ report, “As Vietnam’s economy opens, press freedom shrinks.”