Law on Press 2016: Better Protection of Journalists' Working Rights

Journalist working at an event

Only need to present a press card

Clause 2, Article 25 of the 2016 Press Law stipulates the rights of journalists: To engage in journalistic activities within the territory of the Socialist Republic of Vietnam and abroad in accordance with legal provisions, and to be protected by law in their professional activities; to exploit, provide, and use information in journalistic activities in accordance with legal provisions; to visit agencies and organizations for journalistic professional activities.

When working, journalists only need to present their press card. Agencies and organizations are responsible for providing journalists with materials and documents not classified as state secrets, personal secrets, or other secrets as prescribed by law.

In cases where reporters have not yet been issued a press card, although the law does not specify, practically, press agencies can issue an introduction letter for reporters to work. Not accepting a legal introduction letter for the purpose of legal journalistic work is an act of obstructing journalistic activities. This issue has been regulated by clause 12, Article 9 of the Press Law, which strictly prohibits obstructing journalists and reporters in their lawful professional activities.

Journalists are allowed to carry out journalistic professional activities at public trials; they are provided with a designated area for work; and can directly contact judicial officials and participants to gather news and conduct interviews in accordance with legal provisions.

On the other hand, attention must also be paid to restrictions on journalists' rights in court sessions as specified in clauses 8 and 9 of Article 9: It is strictly prohibited for the press to report on criminal charges before a court judgment is issued; and to provide information that could negatively impact the physical and mental development of children (in cases involving minors).

For cases under investigation or prosecution that have not yet been tried, or negative incidents or signs of legal violations that have not been concluded by competent state agencies, the press has the right to report based on its own sources and is responsible before the law for the content of the information.

To protect journalistic sources and the rights of journalists to work, the new Press Law has restricted the conditions requiring a press agency or journalist to disclose sources of information only when there is a written request from the chief prosecutor of the provincial People's Procuracy, the chief judge of the provincial People's Court or equivalent and it is necessary for investigating or adjudicating particularly serious offenses.

Moreover, the chief prosecutor of the provincial People's Procuracy, the chief judge of the provincial People's Court or equivalent have the responsibility to organize the protection of information providers; law enforcement agencies are required to cooperate with these officials to protect information providers.

Obligation to provide information to the press

Article 38 of the Press Law clearly stipulates the provision of information to the press: Within the scope of their authority and duties, agencies, organizations, and responsible individuals have the right and obligation to provide information to the press and are accountable before the law for the content of the information provided. Information may be provided through written documents, on general electronic information websites, press conferences, interviews, and other methods. The press agencies must accurately use the provided information and clearly state the source. State administrative agencies are responsible for appointing spokespersons and providing information to the press periodically and on an ad-hoc, irregular basis. The Government of Vietnam details the regulation on the communication and provision of information to the press by state administrative agencies.

In addition to the above regulations, clause 2, Article 38 states that agencies, organizations, and individuals with authority have the right to refuse to provide information to the press in certain cases: Information classified as state secrets, secrets under the principles and rules of the Communist Party, personal secrets, and other secrets as prescribed by law; Information on cases under investigation or not yet tried, except when state administrative agencies or investigating agencies need to publicize information on the press that benefits the investigation and the fight against crime; Information on cases under inspection that have not been concluded; cases under complaint and denunciation resolution; issues of dispute or conflict between state agencies under resolution, not yet officially concluded by competent authorities and not allowed for publication by law; Policy documents or drafts under formulation not yet approved by competent authorities for publication as prescribed by law.

Article 59 of the 2016 Press Law does not stipulate penalties for cases avoiding or causing difficulties for journalists in information collection. However, refusal to provide information to the press without justified reasons has sanctions for obstructing the provision of information to the press, as prescribed in the Decree on administrative sanctions in the field of journalism.

Phuong Nam

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