13 prohibited acts related to the press in Vietnam

What are the prohibited acts when conducting press activities according to the Press Law? - Hoang Duong (Vung Tau, Vietnam)

13 prohibited acts related to the press in Vietnam (Source: Internet)

1. What is press?

According to Clause 1, Article 3 of the Press Law 2016, press is the information product on the events and problems in social life that are expressed in words, images, sounds, are created and periodically published, released and transmitted to the general public through the type of the printed newspaper, talking newspaper, photo newspaper and online newspaper.

Specifically, press express  the following forms:

- Printed newspaper is the type of press using the text, pictures and photos that are printed to release to the readers, including the printed newspapers and magazines.

- Talking newspaper is the type of press using voice and sound transmitted and broadcast on technical infrastructure with different technological application.

- Photo newspaper is the type of press using photos mainly in combination with voice, sound and text transmitted and broadcast on technical infrastructure with different technological application.

- Online newspaper is the type of press using text, photos and sound transmitted on network environment, including the online newspapers and online magazines.

(Clause 3, 4, 5, 6, Article 3 of the Press Law 2016)

2. 13 prohibited acts related to the press in Vietnam

Specifically, according to Article 9 of the Press Law 2016, prohibited acts related to the press are prescribed as follows:

(1) Posting and release of information against the Socialist Republic of Vietnam with the contents:

- Distort, defame and deny the people's government;

- Fabricate and cause panic among people;

- Cause the psychological warfar.

(2) Post and and release information with the content which:

- Causes division among classes of people, among the people with the people's government, the people's armed forces, political organizations, political - social organizations;

- Causes hatred, discrimination, divisions, ethnic separatism, infringement of equal rights of ethnic communities in Vietnam;

- Causes the division between religious people and non-religious people, between the followers of different religions, division of religious believers with the people's government, political organizations, political – social organizations and insults the religious beliefs;

- Undermines the implementation of policies on international solidarity.

(3) Posts and and releases information inciting war against the independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam.

(4) Distorts history; denies the revolutionary achievements; offends the nation and national heroes.

(5) Discloses information included in the list of state secrets, privacy and confidentiality of individuals as prescribed by law.

(6) Provides information advocating the bad practices, superstition; provide information about the mysteries causing puzzle in society, adversely affecting the order and social safety and health of the community.

(7) Incites violence; propagandizes the depraved lifestyle; meticulously describes lewd acts, criminal behaviour; provides information which does not match the habits and customs of Vietnam.

(8) Provides false information, distorts, slanders or hurts the prestige of organizations, agencies, honor and dignity of individuals; attributes guilt upon no judgement from the Court;

(9) Provides information which affects the normal physical and spiritual development of children.

(10) Prints, releases, transmits and broadcasts the journalistic products, works or contents of information in the journalistic works suspended from release, revocation, confiscation, banned from circulation, removed, destroyed or the contents of information which the press agency has corrected.

(11) Obstructs the printing, distribution, transmission and broadcasting of journalistic products, information products with legal journalistic characteristics to the public.

(12) Threatens or intimidates life, hurts the honor and dignity of journalists, reporters; destroys, seizes vehicles, documents and obstructs journalists, reporter from professional activities in accordance with regulations of law.

(13) Posts on the products the information with journalistic characteristics specified in items (1), (2), (3), (4), (5), (6), (7), (( 8), (9), (10).

3. State management agency of press in Vietnam

State management agencies in charge of the press include:

- The Government performs the uniform state management over the press.

- The Ministry of Information and Communications takes responsibility before the Government for performing the state management over the press.

- The Ministries and ministerial agencies within their duites and power shall cooperate with the Ministry of Information and Communications to perform the state management over the press.

- The provincial People’s Committee within their duites and power shall perform the state management over the press at their localities.

(Article 7 of Press Law 2016)

4. Contents of state management over the press in Vietnam

Contents of state management over the press are prescribed in Article 6 of the Press Law 2016, including:

- Formulate, direct and organize the implementation of press development strategies and plans; organize the formulation of press agency development plans and include them in the planning for developing a network of press agencies, broadcasting and electronic establishments, and publishers, regional planning and provincial planning

- Issue and follow the legal normative documents on press; develop the regime and policies on press.

- Provide information for the press and manage the information of the press;

- Provide the training and re-training to improve the political and professional level, occupational ethics for the contingent of journalist of press agencies and officials in charge of press management.

- Manage the scientific and technological activities in the area of press.

- Issue and revoke the types of permit in press activities and press card.

- Manage the international press cooperation, the activities of Vietnamese press agencies pertaining to foreign countries and the activities of foreign press in Vietnam.

- Inspect the legal deposit of press and manage the system of national legal deposit of press.

- Direct and implement the regime of information, report, statistics, commendation and discipline in press activities.

- Inspect and handle the violation of law on press.

Thanh Rin

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