The Television and Video Law

The State Law and Order Restoration Council

The Television and Video Law

(The State Law and Order Restoration Council Law No. 8/96) The 14th Waxing Day of 2nd Waso, 1358 M.E. (29th July, 1996)
The State Law and Order Restoration Council hereby enacts the following Law
Chapter I
Title and Definition
1. This Law shall be called the Television and Video Law.
2. The following expressions contained in this Law shall have the meanings given
hereunder:-
(a) Television Set means an apparatus whic h can receive the television transmission;
(b) Video means the representati on of a still picture or moving picture or picture and sound
by any television technology;
(c) Video Cassette Recorder means any a pparatus which can reproduce the video;
(d) Video Tape means any cassette tape, laser disc or any similar facility in which picture and
sound are recorded. This expression also in cludes video recordings and video copying.
(e) Licence for Possession mean s the licence for possession, issu ed under this Law for the
purpose of utilization of the television set or the video cassette recorder;
(f) Licence for Video Business means the licence issued under this Law
for any type of the video business.

Chapter II
Objectives
3. The objectives of this law are as follows:-
(a) to modernize and uplift th e standard of video business;
(b) to cause the emergence of video tapes which will be beneficial for
the all-round development of the State and the preservation of Myanmar cultural heritage;
(c) to cause emergence of video tapes which will contribute towards national solidarity and,
dynamism of patriotic spirit;

(d) to prohibit and ban decadent video tapes which will undermine Myanmar culture and
Myanmar tradition;
(e) to control and prevent malpractices which ar e caused through video business.

Chapter III
Licence for Possession
4. Any person who holds and uses a televi sion set or a video cassette recorder
shall apply for licence for possession, in accordance with the stipulations to the
relevant post office within 30 days from the date of receipt of the same.
5. (a) The applicant shall pay the fee payable out of the following fees in
accordance with the stipulations to the relevant post office:-
(i) fee of the licence for possession;
(ii) overdue fee;
(iii) extension fee;
(b) On receipt the prescribed fee the relevant post office shall issue the licence for possession
to the applicant.
6. Upon the expiry of the tenure of the licen ce for possession, a person desirous of extending
such tenure shall have the extens ion effected by paying to prescribed fee to the relevant post
office.
7. The Ministry of Communications , Posts and Telegraphs shall determine the tenure and fee
of the licence for possession, overdue fee and extension fee.
8. Any person who is desirous of possessing any satellite television receiver shall comply
with the order and directives relating to impor t, possession, use, transfer, sale, issuance of
licence, determination of licen ce fee and licence conditions, issu ed from time to time by the
Ministry of Communications , Posts and Telegraphs.

Chapter IV
Video Business Licence
9. A person desirous of operating any one of the following video business for a commercial
purpose shall apply for the business licence for each type of the business to the relevant State
or Divisional Video Business Supervisor y Committee in the prescribed manner:-
(a) production of video;
(b) video taping;
(c) editing of video;
(d) copying of video tape;
(e) distribution of video tape;

(I) hiring of video tape;
(g) exhibiting by video.
10. The relevant State or Divisional Video Business Supervisory Committee shall, after
scrutinizing as to whether or not the application is in conformity with the stipulations:-
(a) if it conforms, grant the respective vide o business licence to the applicant upon receiving
the prescribed fee;
(b) if it does not conform, refuse to grant the video business licence.
11. A person desirous of extending the tenure of the video business licence shall on expiry
thereof apply to the relevant State or Divi sional Video Business Supervisory Committee in
the prescribed manner.
12. The relevant State or Divi sional Video Business Supervis ory Committee shall scrutinize
the application, cause payment of the prescribed fee to be made and may extend the tenure of
the video business licence.
13. The Ministry of Information shall determine the tenure and fee of video business licence,
overdue fee and extension fee.
14. The Myanmar Motion Picture Enterprise sha ll determine the conditions to be complied
with by the video business licence holder.
15. The video business licence sha ll become invalidated on expiry of the tenure or on
revocation or when surrendered by the video business licence holder.

Chapter V
Formation of the Video Busine ss Supervisory Central Committee;
Functions and Duties Thereof
16. The Ministry of Information:-
(a) shall form the Video Business Supervisor y Central Committee comprising the following
persons:
(i) Managing Director,
Myanmar Motion Picture
Enterprise
Chairman

(ii) Representatives from the relevant Government
departments and organizations Members

(iii) Suitable Citizens
Members

(iv) Director,
Myanmar Motion
Picture Enterprise
Secretary

(b) may determine the-tenure of the Video Business Supervisory Central Committee;
(c) may re-constitute the Video Business Supervisory Committee as necessary.
17. Members of the Video Business Supe rvisory Central Committee who are non-
governmental members are entitled to receive remuneration determined by the Ministry of
Information.
18. The functions and duties of ~the Video Business Supervisory Central
Committee are as follows:
(a) supervising video business for the su ccess of the objectives of this Law;
(b) supervising and giving guidance to the activit ies of the Sate or Divisional Video Business
Supervisory Committees;
(c) taking action as may be necessary; finding that any order or decision made by the State or
Divisional Video Business Supervisory Committee is not in conformity with the Law;
(d) assigning from time to time functions and duties to State or Divisional Video Business
Supervisory Committee.

Chapter VI
Formation of State or Divisi onal Video Business Supervisory
Committees; Duties and Powers Thereof
19. The Ministry of Information:-
(a) shall form the State or Divisional Vi deo Business Supervisory Committee comprising
persons from relevant government department s and government organizations. In so forming,
the Chairman and secretary shall be determined;
(b) may determine the tenure of the State or Divisional Video Business Supervisory
Committee;
(c) may re-constitute the State or Divisional Video Business Supervisory Committee, as may
be necessary;
(d) if it is necessary to form more than one Video Business Supervisory Committee within a
State or Division, it may do so.
20. The duties and powers of the State or Divi sional Video Business Supervisory Committee
are as follows:-
(a) granting or refusing the Video business licence after scrutinizing as to whether or not the
application is in conform ity with the stipulations;
(b) inspecting and supervis ing the Video business;
(c) imposing on the video business licence hol der who violates any of the terms and
conditions prescribed by the Myanmar Motion Picture Enterprise a fine which may extend

from a minimum of kyats 5,000 to a maximum of kyats 50,000 and also revoking the video
business licence;
(d) carrying out the du ties assigned by the Ministry of Information or Video Business
Supervisory Central Committee.
21. The State or Divisional Video Business Su pervisory Committee may, if necessary, form
the District or Township Video Business S upervisory Committee in accordance with the
stipulations. In so forming, it shall determine the duties and functions thereof.

Chapter VII
Formation of Video Censor Boar d and Duties and Powers Thereof
22. The Ministry of Information:-
(a) shall form the Video Censor Board comprising the following persons:-
(1) Managing Director of the
Myanmar Motion Picture Enterprise Chairman
(2) representatives from the relevant government
departments and government organizations Members
(3) suitable citizens
Members
(4) Director of Myanmar Motion Picture En terprise Secretary
(b) may determine the tenure of the Video Censor Board.
(c) may reconstitute the Video Censor Board as may be necessary.
23. Members of the Video Censor Board who are non-governmental members are entitled to
receive the remuneration determined by the Ministry of Information.
24. When application is made fo r video censor certificate in respect of Myanmar Video tapes
produced and submitted or video tapes which have been imported or brought from a foreign
country, the Video Censor Board, after examining as to whether it is in conformity with the
policies laid down:-
(a) may permit exhibition to the public or for a family show;
(b) may prohibit public exhibition of the video ta pe and may seize or destroy such video tape;
(c) may permit public exhibition or family s how of the video tape after making excision,
amending or erasing the portion which is not su itable for public exhibition or family show;
(d) shall issue the video censor certificate after causing payment of the prescribed fee to be
made if the video tape is permitted for public exhibition and family show.
25. (a) The Video Censor Certificate issued by the Video Censor Board shall be valid
throughout Myanmar for the prescribed period.

(b) The Video Censor Certificate issued by the Video Censor Board shall be included in
showing the video tape. Moreover, the small- sized Video Censor Certificate with the
permitted serial number shall be attached on the video tape.
26. The Video Censor Board:-
(a) shall collect the prescribed fee for- inspec ting the video tape from the person concerned;
(b) may, if necessary, inspect again the video tape that has been issued Video Censor
Certificate;
(c) may revoke any Video Censor Certificat e, if there is valid reason to do so.
27. When a person dissatisfied with the decisi on of the Video Censor Board appeals to the
Ministry of Information on the Board’s decision passed under sub-section (b) or (c) of section
24, the Video Censor Board shall cause complian ce with the order passed on appeal. If there
is no appeal, it shall cause compliance in accord ance with its decision, on the expiry of the
appellate period.

Chapter VIII
Appeal
28. A person dissatisfied with the order or de cision of the Video Censor Board or Video
Business Supervisory Central Committee or Stat e or Divisional Video Business Supervisory
Committee may appeal to the Ministry of Inform ation within 60 days from the date of the
passing of such order or decision.
29. The Ministry of Information may confirm, set aside, revise the order or decision passed
by the Video Censor Board or Video Business Supervisory Central Committee or State or
Divisional Video Business Superv isory Committee or direct re-scrutinizing or re-examination
to be made.
30. The decision of the Ministry of Info rmation shall be final and conclusive.

Chapter IX
Offences and Penalties
31. Whoever with the exception of a Government department and government organization
operates the television transmission business wit hout the permission of the Government shall,
on conviction, be punished with imprisonment fo r a term which may extend to 5 years or
with fine. In addition, the property which rela te directly to the offence shall also be
confiscated.
32. Whoever commits one of the following acts shall, on conviction, be punished with
imprisonment for a term which may extend to 3 years or with tine which may extend to kyats
100,000 or with both. In addition, the property which relate directly to the offence shall also
be confiscated:-
(a) operating video business for commercial purpose without a video business licence;

(b) copying, distributing, hiring or exhibiting the video tape that has no video censor
certificate and small-sized video censor certificate with the permitted serial number with the
exception of cases exempted under this Law;
(c) copying, distributing, hiring or exhibiting the video tape without abiding by the directive
of the Video Censor Board to make excision, amend or erase;
(d) exhibiting to the public the video tape imported or brought from a foreign country without
video censor certificate;
(e) exhibiting to the public the video tape im ported or brought from a foreign country and
which is permitted only for the family show.
33. Whoever commits one of the following acts shall, on conviction, be punished with
imprisonment for a term which may extend to 3 y ears or with fine which may extend to kyats
100, 000 or with both:-
(a) distributing, hiring or exhibiting the c opied television programme transmitted by the
government department or government organization, for co mmercial purpose;
(b) copying, distributing, hiri ng or exhibiting for commercial purpose a video tape which has
already obtained video censor ce rtificate, without permission of the li cence holder of video
production business or video ta pe distribution business.
34. If any video business licence holder operates video business other than the kind for which
he holds licence he shall, on conviction, be punished with imprisonment for a term which
may extend to 1 year or with fine which may extend to kyats 100, 000 or with both. In
addition, the property which relate directly to the offence shall also be confiscated.
35. If any video business licence holder transfers his video business licence to another person
to operate he shall, on conviction, be punished with imprisonment for a term which may
extend to 6 months or with fine which may extend to kyats 50, 000 or with both.
36. Whoever fails to abide by an order or directiv e issued by the Ministry of Information or
Video Censor Board or the Video Business Su pervisory Central Committee under this Law
shall, on conviction, be punished with impr isonment for a term which may extend to 6
months or with fine which may ex tend to kyats 50, 000 or with both.

Chapter X
Miscellaneous
37. (a) Foreign diplomatic mission or the United Nations Organization desirous of public
exhibition a video tape imported from a forei gn country shall submit the same to the Video
Censor Board for scrutiny.
(b) The Video Censor Board may, after examining the video tape:-
(1) permit public exhibition if it is appropriate to do so;
(2) permit public exhibition after cau sing the portion unsuitable for public
exhibition to be excised or erased;

(3) permit exhibition only to a reserve audience within the premises of a
foreign diplomatic mission or the United Nations Organization.
38. The Video Censor Board:-
(a) may decide after examining the video tape imported or brought from a foreign country
and forwarded by the Customs Department for ex amination as to whether the video tape is
suitable or not for public exhibition or family show;
(b) may give a remark as to whether or not the vi deo tape which is to be sent or carried to a
foreign country should be permitted to do so;
(c) may excise, amend or erase the unsuitable portion for public exhibition of the video tape
which is to be exported for commercial purpose.
39. The video tape used by the govern ment department or government
organization shall be exempted from pa yment of fee for being examined under
this Law.
40. The Ministry of Information may, by notification exempt government
departments and government organizations from any of the provisions of this
Law.
41. Section 34, section 35 and section 36 of this Law are determined as offences
cognizable by the Myanmar Police Force.
42. The provisions of this Law are no t applicable to the following:-
(a) videotaping related to family affair; hiri ng or exhibiting such videotape free of charge;
(b) videotaping of a motion picture which has already obtained a motion picture censor
certificate to exhibit free of charge.
43. The Myanmar motion picture Enterprise shall:-
(a) carry out the office work, and
(b) hear the expenses of the Video Business Supervisory Central Committee and Video
Censor Board.
44. (a) The procedures, orders and directives issued under the Television and Video Law
(Pyithu Hluttaw Law No 12 of 1985) may continue to be applicable in so far as they are not
inconsistent with the provisions of this Law;
(b) The existing Censor Board and Committee formed under the Television and Video Law
(Pyithu Hluttaw Law No 12 of 1985) shall been deemed to have been formed under this Law,
before the Video Censor Board and the Vi deo Business Supervisory Committees can be
formed;
(c) Licence certificate and entrepreneur’s regist ration already issued under the Television and
Video Law (Pyithu Hluttaw Law No 12 of 1985) and not yet expired, shall be deemed to be
valid until the day of expiry of its tenure.

45. For the purpose of carrying out the provisions of this Law:-
(a) The Ministry of Information may issue such rules and procedures as may be necessary
with the approval of the Government;
(b) The Ministry of Information, Myanmar Motio n Picture Enterprise, Video Censor Board or
Video Business Supervisory Central Committee may issue such or ders and directives as may
be necessary;
(c) The Ministry of Communications, Posts a nd Telegraphs may issue such orders and
directives as may necessary in respect of Chapter III.
46. The Television and Video Law (Pyithu Hlutta w Law No 12 of 1985) is hereby repealed.
Sd./ Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council