Printing and Publishing Enterprises Draft Law (2013, the Assembly of the Union (Pyi Htaung Su Hluttaw) Law

No. ) The , 1374. ( , , 2013) Introduction This law is enacted by The Assembly of the Republic the Union of Myanmar (Pyi Htaung Su Hluttaw) to produce publications and establish printing and publishing enterprises in the Union of Myanmar with the relevant law, rules and regulations. Chapter 1 Title and Definition
1. This law shall be called "Printing and Publishing Enterprises Law". 2. The following expressions contained in the law shall have the meaning given hereunder: a. "Printing Press" refers to engines for printing, printing equipments used electronic

technique or laser technique, utensils and all parts of machinery for the purpose of printing.
b. "Publication" refers to a building or a place in which printing press or other relevant

machines, machineries, equipment and parts of machinery are used to print documents and press in large amount of either pictures or images.
c. "Publication" shall include handwritten, printed matter and material created in an

electronic way as well as the visible material in form or in appearance or in similar way or the material apparent in the words or the ideas and newspaper, bulletin, journal, magazine and books.
d.

"Printer" refers to an owner of printing-press and publishing house. The expression also includes an executive shareholder, a chairman, a managing director, a secretary or a responsible individual, as well as a partnership enterprise, a company or a family business.

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e. "Publisher" refers to a publisher of printed published matter of economic benefit or not. The expression also includes not only a governing shareholder, a chairman, a managing director, a secretary or a responsible individual, but also a partnership business, a company or a family business. f. "News-Agency" refers to an enterprise which supplies the collected news report to printing media, electronic media and other media with profit or without profit.
g. "Newspaper" refers to daily Printed Published Matter for sale or for free of charges

distribution in which includes news, general knowledge, comments on public news (or) respective remarks, opinions, and criticism or contents with the interest of people. h. "Bulletin, Journal, Magazine" refers to publications being published regularly or periodically or as per serial number.
i.

"Book" refers to any book published in any language or part of a book or essay or sheets as well as other forms of symbols, maps and plans that are machine printed. "Website" refers to a web page uploaded through the internet for facts and information.

j.

"Obsence Language" means the following deed that is shameless, fearless of sinning, and unacceptable by human society;
(a) Describing the sexual behaviour directly or indirectly.

(b) The illustrations, writings, photos and painting making sexual excitement and immorality. (c) Stating the rude and abusive words and pictures. In the meaning of this word, the subject concerning with the medical education, traditional custom, and religious affairs must be excluded.
k. "Acknowledgement Certificate" refers to a certificate issued by the Ministry prescribed

by this law to Printer, Publisher, and News Agency mandate to run the respective enterprise. m. "Registration Officer" refers to a director of Copyright and Registration Division under Information and Public Relations Department.

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n. "The Minister" refers to The Minister of the Ministry of Information, the Union

Government.
o. "The Ministry" refers to The Ministry of Information, the Union Government.

Chapter II Acknowledgement of Printing and Publishing

3. Printer and Publisher or an organization or a company or an enterprise based in the region or

abroad that want to run as News-Agency in Myanmar shall apply to the Registration Officer for the acknowledgement.
4. Registration officer shall issue the Acknowledgement Certificate for the designated period in

accordance with specifications that pursuant to Section 3 after receiving registration fees. 5. If it is found out that a certificate holder tried to get it dishonestly or applied with the purpose of deception or opposed the provisions of this law, the Minister may repeal or terminate the Registration Certificate to some extent.
6. A printer or publisher whose registration certificate is repealed or terminated to some extent shall

mandate to appeal to the president of the Republic of the Union of Myanmar. Chapter III Rules and Regulations to be followed for publishing and printing
7. Printers or Publishers shall not print or publish the relevant publications which -

(a) reveals a subject that aggrieves, other similar national races or other different national races and similar or other religion. (b) instigates for violence or jeopardize the tranquility of community; and prevalence of law and order (c) portrays obscene language, pictures, photos and paintings. (d) abets and instigates any criminal case, cruelty, violence, gambling, committing Narcotics Drugs and Psychotropic Substances crimes. (e) publish and print the matter that opposes and breaks the provisions of the constitutional law or other existing law.

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Chapter IV Announcement as Invalid Publication

(8) The Registration Officer may announce publication as invalid if it is an inclusive by virtue of

Section 7. Chapter V Importing, Exporting and Distributing Publications

(9) If exporting and importing publications wants to be carried out by land or by vessel or by

aircraft, Export and Import Law and Procedures shall be followed.

(10)

If the Registration Officer investigated any imported or exported publications that

opposed to the provisions of this law, action shall be taken in accordance with Section 8. (11) Publication shall be(a) Importers shall send registration officer titles of the documents, types of documents and defined number of sample documents so that he can register those documents. (b) Printers who printed the Printed Matters in the region shall send Registration Officer defined number of sample documents with free of charges so that he may register any kind of publication in the lists. (12) Publication which infringes Section 7 shall not be imported by any individual although it is not announced as invalid publication.
(13)

An acknowledgement certificate holder for distribution shall mandate to upload master An acknowledgement certificate holder for News-Agency shall mandate to upload

copy of publication on the website through the internet. (14) information and photos on the website through the internet.

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(15)

Website uploaded through the internet by virtue of Section 13 and Section 14 shall follow

provisions of Section 7.

Chapter VI Prohibitions (16)

(17)

An individual shall not engage in, printing, publishing and establishing news-agency An individual shall not import, export, print, publish, distribute or sell any Publication Any publisher or importer of foreign publications shall not fail to follow provisions of Any individual shall not engage in printing publishing, or establishing news-agency

without holding any acknowledgement certificate. which is announced as invalid publication by virtue of Section 8.
(18)

Section 14.
(19)

during the period when acknowledgement certificate is repealed or periodically terminated. Chapter VII Punishments and Penalties
(20)

Any individual who contravenes the punishments set out in Section 16 and Section 19

shall be required to pay a fine of at least 50,00,000 Ks (five millions) but not more than 100,00,000 Ks (ten millions). (21) Any individual who contravenes the punishments set out in Section 17 shall be required

to pay a fine of at least 10,00,000 Ks (one million) but not more than 50,00,000 Ks (Five millions).
(22)

Any individual who contravenes the punishments set out in Section 18 shall be required

to pay a fine of at least 1,00,000 Ks (one hundred thousands) but not more than 3,00,000 Ks (three hundred thousands).

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Chapter VIII Miscellaneous (23) In order to implement the tasks effectively and efficiently, the Minister may form

Registration Department by appointing Registration Officer, necessary senior staff and officials; and identify their tasks and responsibilities. 24.(a) The Ministry may give exception to any government department or any government organization for its printing, publishing in accordance with the principles enacted in this law or not. (b)
The provisions in this law do not apply to the publications which are shown in below. (1) printed matter distributed by the department or the organization under Union level,

Regional Level or State level, self-administered division or self-administered region and other departments which implement the three branches of Myanmar Government - Legislation, Executive and Judicial. (2) printed matters in the course of election distributed by respective commission and sub-commission. (3) printed matters published for office tasks by the registered political parties. (4) printed matters distributed in the course of carrying out the normal procedure by the foreign embassies based in Myanmar, United Nations, International Non- Governmental Organizations, International Organizations with an agreement of the government. (5) printed matters distributed in the course of carrying out the normal procedure by the authorities of universities, colleagues, schools, banks, municipal entity, sociall organization established in accordance with the law, welfare organizations and nongovernment organizations. (6)printed matters distributed for public notices of births, marriages, deaths and social relations.

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25. Any Registration Certificate, Agreements, Appointed Positions, Authority, Notice, Announcement, Order, Guidelines, Instructions, or identified form issued in accordance with Printers and Publishers Registration Law, 1962 before this law comes into force shall be conformed as long as they do not infringe provisions by this law.
26. Validity of Registration Certificate issued in accordance with Printers and Publishers

Registration Law, 1962 before this law comes into force shall be valid until designated period of time. When this Registration Certificate is invalid, it shall be renewed if a certificate holder wants to continue. 27. Actions taken by this shall not injure the right of citizen, the freedom of expression. 28. Any person shall not be allowed to do the enterprise of printing and publishing, incorporating with the broadcasting and television enterprise, if there is no other law provided for this. 29. While provisions by this law are implemented(a) The Ministry may announce respective law, rules and regulations with the approval of the

Union Government. (b) The Ministry may proclaim respective announcement, order instructions and Procedures. 30. The following laws are hereby repealed by this law.
(a)

The Press (Emergency Powers) Act

(b) Printers and Publishers Registration Law, 1962

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