On December 01, 2020, Decree 119/2020/ND-CP on penalties for administrative violations in journalistic and publishing activities in Vietnam will officially take effect. Failure to apologize or correct posted false information may result in a fine of up to VND 20,000,000.
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Vietnam: Failure to apologize or correct posted false information may result in a fine of up to VND 20,000,000 (Illustrative image)
According to Article 10 of Decree 119/2020/ND-CP, the penalties for violations related to correction in the press in Vietnam, including failing to apologize or correct false information on media, are specified as follows:
- A warning for correction or apology in breach of regulations on position, typeface or font size.
- A fine from VND 1,000,000 to VND 3,000,000 for the action below:
+ Failing to notify the correction or apology to relevant entities;
+ Posting the correction or apology without showing the content of the corrected information or apology or title of the press product, column name, issue number, date posted that must be corrected.
- A fine from VND 3,000,000 to VND 5,000,000 for the action below:
+ Failing to remove false information;
+ Failing to notify the media organizations or news websites with agreement on using their articles to post the correction and apology;
+ The magazine that publishes an issue per over 30 days publishes false information but fails to provide an instant answer for the concerned entity;
+ Failing to set up a separate column on the home page of the electronic newspaper or online magazine for the correction and apology;
+ Posting the correction and apology without quoting the adequate false information that distorts, slanders, and offends the prestige of the corporation or the honor and dignity of the individual in the press product and the corrected information;
+ Making untimely corrections and apologies according to law.
- A fine from VND 10,000,000 to VND 20,000,000 for the action below:
+ Failing to correct or apologize according to regulations;
+ Failing to post the conclusion of a competent regulatory agency about the false information that distorts, slanders, and offends the prestige of the corporation or the honor and dignity of the individual in the press.
In addition to fines, violators may also be subject to remedial measures depending on the violations:
- Must correct and apologize, for failure to correct or apologize according to regulations;
- Must repost the correction and apology for posting the correction and apology without quoting the adequate false information that distorts, slanders, and offends the prestige of the corporation or the honor and dignity of the individual in the press product and the corrected information;
- Must repost the adequate conclusion of the competent regulatory agency for failing to post the conclusion of a competent regulatory agency about the false information that distorts, slanders, and offends the prestige of the corporation or the honor and dignity of the individual in the press;
- Must remove the false information for failing to remove false information.
Depending on the specific violations, entities committing violations against rectification regulations in general, or failing to apologize or correct false information in particular in Vietnam, may face a fine of up to VND 20,000,000.
Currently, the maximum fine for failing to apologize or correct false information in Vietnam is VND 10,000,000. However, from December 1, 2020, Decree 119/2020/ND-CP will officially take effect, replacing Decree 159/2013/ND-CP. The fine for failing to apologize or correct false information will increase to a maximum of VND 20,000,000.
Doubling the fine is a measure to deter and help prevent individuals from abusing media, including the press, to publish false information for profit, defamation, or damage the reputation of agencies, organizations, or individuals.
Thuy Tram
