How will the release of films with content distorting Vietnamese history be handled according to the law?
- Is it illegal to distribute movies with content that distorts Vietnamese history?
- If a movie has content that distorts Vietnamese history, how should it be handled?
- Will the release of films with content distorting Vietnamese history be administratively sanctioned?
- Can the release of films with content distorting Vietnamese history be prosecuted for criminal liability?
Is it illegal to distribute movies with content that distorts Vietnamese history?
Pursuant to Clause 1, Article 9 of the Law on Cinematography 2022, the prohibited acts in cinematographic activities include:
Prohibited contents and acts in cinematographic activities
1. Prohibition against contents that:
a) Violate the Constitution and laws; incite opposition to or sabotage the implementation of the Constitution and laws;
b) Disseminate contents that oppose the Socialist Republic of Vietnam; sabotage the great national unity bloc; damage the interests of Vietnam, its people, and cultural values; insult the National Flag, Communist Party of Vietnam Flag, National Emblem, and National Anthem;
c) Disseminate or incite invasive wars, cause hatred and discrimination among ethnic groups and the people of different countries; disseminate reactionary ideology and social crimes; sabotage social culture and ethics;
d) Distort the national history, deny revolutionary achievements; insult the nation, notables, and national heroes; inappropriately express or infringe the national sovereignty; slander and insult the reputation of agencies, organizations, and the honor and dignity of individuals;
dd) Disseminate and support terrorism and extremism;
e) Incite and insult religions and belief; disseminate and promote illegal belief and religious activities
g) Disclose state secrets, personal secrets of an individual, and other secrets as prescribed by law;
h) Incite violence, criminal acts via by detailing measures, images, sounds, dialogues, scenes of beating, torture, murder in a brutal manner, and acts of insulting human dignity, unless such contents are used to criticize, denounce, or condemn crimes and uphold justice, honor traditional and cultural values;
i) Show details of lewd, depraved, incestuous images, sounds, and dialogues;
k) Violate legal rights and benefits of children and minors
l) Violate principles of gender equality, gender stereotypes, and gender discrimination.
Accordingly, the act of releasing films with content that distorts Vietnamese history is prohibited by law.
How will the release of films with content distorting Vietnamese history be handled according to the law?
If a movie has content that distorts Vietnamese history, how should it be handled?
Pursuant to Article 30 of the Law on Cinematography 2022 stipulates as follows:
Termination of film dissemination
1. State agencies competent to terminate film dissemination are agencies that issue Film Rating Licenses, agencies that receive notifications of the contents and screening programs at public screening venues, or inspectorates according to regulations of the Government of Vietnam.
2. Competent state agencies shall issue written decisions on the termination of film dissemination, which specify the reason, time, and period of termination of film dissemination for the following cases:
a) Violation of regulations prescribed in Article 9 of this Law;
b) Occurrence of matters of national defense and security or natural disasters, epidemics, or emergencies.
3. If organizations wish to continue the dissemination of films, send written requests for the continuation of film dissemination to competent state agencies for consideration and decision.
Within 5 working days after receiving the written request for the continuation of film dissemination, the competent state agency shall consider, decide, and notify the result in writing to the organization that proposed the film dissemination.
4. Organizations subject to termination of film dissemination shall disclose such matter on mass media regarding the termination and take on responsibilities for ensuring the benefits of relevant organizations and individuals as prescribed by law.
Accordingly, if it is discovered that a film with content that distorts Vietnamese history has been broadcast, the competent state agency shall decide to stop the dissemination of the film.
Note: Organizations whose film dissemination has been stopped must publicly announce on the mass media about the cessation of film dissemination and are responsible for ensuring the interests of related organizations and individuals in accordance with the law. the law.
Will the release of films with content distorting Vietnamese history be administratively sanctioned?
Pursuant to Article 7 of Decree 38/2021/ND-CP stipulating the administrative sanctions for violations of regulations on film distribution as follows:
Violations against film release regulations
1. Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for one of the following violations:
a) Selling and renting films for internal use;
b) Erasing and modifying content of security labels or stickers on tapes and discs.
2. Imposing a fine ranging from 5,000,000 dong to 10,000,000 dong for the act of selling or renting tapes or discs without security labels or stickers, or tapes or discs of films obtaining dissemination permits on which security labels or stickers are not the right ones.
3. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of fraudulently swapping contents of films with security labels or stickers.
4. Imposing the fine ranging from 15,000,000 dong and 20,000,000 dong for the act of releasing films when dissemination permits are not granted yet, except in case of imported films.
5. Imposing the fine ranging from 20,000,000 dong and 25,000,000 dong for the act of releasing films when decisions on recall, confiscation, prohibition against dissemination or destruction of such films are already issued.
In addition, they may also be subject to the remedial measure of compelling the disgorgement of illegal gains from commission of the violations, according to Clause 7 Article 7 of Decree 38/2021/ND-CP.
This fine level is applied to individuals, for organizations this penalty is double, based on Clause 3, Article 5 of Decree 38/2021/ND-CP.
Can the release of films with content distorting Vietnamese history be prosecuted for criminal liability?
Pursuant to Article 331 of the 2015 Criminal Code, the crime of abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens is as follows:
Abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens
1. Any person who abuses the freedom of speech, freedom of the press, freedom of religion, freedom of association and other democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens shall receive a warning or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. If the offence has a negative impact on social security, order or safety, the offender shall face a penalty of 02 - 07 years' imprisonment.
Thus, it depends on the seriousness of the behavior. The release of films with content that distorts history is strictly prohibited by law and may be subject to administrative sanctions as well as criminal prosecution.
The Law on Cinematography 2022 takes effect from January 1, 2023.
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