RECOMMEND (150)

FACEBOOK

TWITTER

PLUSONE

MORE

E-MAIL

PRINT

TEXT SIZE

Under this law all printers and publishers are required to register and submit copies of books, magazines and periodicals to Press Scrutiny Boards, or PSB, for scrutiny prior to publication or production, or in some cases after. The PSB, answerable to the Ministry of Home and Religious Affairs, have extensive powers to ban publications and demand alterations as they see fit, at a great cost to the publisher. In 1989, sentences under the Printers and Publishers Registration Law are increased to seven years imprisonment and fines to 30,000 kyats (today’s equivalent to US $5,000). ⁶

1975—Memorandum to all Printers and Publishers Concerning the Submission of Manuscripts for Scrutiny

This memorandum issued by the Printers and Publishers Central Registration Board set out guidelines, open to interpretation, to be followed by the PSB. Materials that will not be tolerated are as follows:

1. anything detrimental to the Burmese socialist program;
2. anything detrimental to the ideology of the state;
3. anything detrimental to the socialist economy;
4. anything which might be harmful to national solidarity and unity;
5. anything which might be harmful to security, the rule of law, peace and public order
6. any incorrect idea and opinions which do not accord with the times;
7. any descriptions which, though factually correct, are unsuitable because of the time or circumstances of their writing;
8. any obscene (pornographic) writing;
9. any writing which would encourage crimes and unnatural cruelty and violence;
10. any criticism of a non-constructive type of the work of government departments;
11. any libel or slander of any individuals.

1975—State Protection Law (The Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts)

This law has been used to arrest numerous journalists and writers. It gives the authorities sweeping powers to detain anyone who has committed or is about to commit an act that may be considered as an "infringement of the sovereignty and security of the Union of Burma," or as a "threat to the peace of the people."⁷ Those suspected of having violated these provisions may be detained for up to five years without trial.⁸ In respect of being able to protect the state against these threats in advance, the government has been granted the authority to declare a state of emergency, which can be extended indefinitely with the approval of the People’s Assembly.⁹

[NOTE: After the September 1988 coup until September 1992, the entire country was placed under martial law. Those accused of breaching martial law provisions were tried by military tribunals, set up in July 1989 under Martial Law Orders 1/89 and 2/89, with the power to pass only three punishments: life imprisonment; death or a minimum of three years hard labor]

*Martial Law Order 2/88 (1988)

This decree enforces a night curfew and a ban on public gatherings of more than five people whether "the act is with the intention of creating disturbances or committing a crime or not." The order has been used against journalists and writers.

*Martial Law Order 8/88 (1988)

This order bans any activity, literary or speeches "aimed at dividing the defense forces."

*Martial Law Order 3/89 (1989)

This order makes it an offence to publish any document without prior registration. Organizations wanting to publish material are required to seek exemption certificates from the Home and Religious Affairs Ministry.

June 7, 1996— The Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions

Chapter II of this law prohibits "inciting, demonstrating, delivering speeches, making oral or written statements and disseminating in order to undermine the stability of the State, community peace and tranquility and prevalence of law and order."¹⁰ It also makes acts committed in order to "undermine, belittle and make people misunderstand the functions being carried out by the National Convention,"¹¹ liable to prosecution. Those found guilty of committing an offence under Section 3 may be punished with a minimum term of imprisonment of five years and a maximum sentence of 20 years and may also be liable to pay a fine.¹² Organizations which violate the provisions can be suspended or abolished and risk their property and funds being confiscated.¹³

July 31, 1996—The Television and Video Act

The Act makes it obligatory for owners of televisions, videocassette recorders and satellite television to obtain a license from the Ministry of Communications, Posts and Telegraphs.