Press Law 2016 and freedom of speech in Vietnam

With the Press Law amended in 2019 approved by the National Assembly of the Socialist Republic of Vietnam, freedom of press and freedom of speech in the press is one of the bases, one of the factors that ensure the construction of "press regulation".

With the Press Law 2016 of Vietnam (effective from January 01, 2017), the affirmation of the right to freedom of press and freedom of speech in the press has been formulated into a specific law, which is: “Article 1. Scope of regulation: This law provides for freedom of press, freedom of speech in the press of the citizens; organization and operation of the press; rights and obligations of agencies, organizations and individuals that participate in and are related to press activities; State management over the press”. This is a new point, an important step to legalize the right to freedom of press and freedom of speech in the press in Vietnam; thereby establishing the corresponding legal contents in order to both create conditions and ensure that the right to freedom of press and freedom of speech in the press are organized and managed in a democratic, fair and civilized manner, in accordance with the requirements of the process of national construction and development.

The above new point and step forward is the concretization of an important content of the Constitution of the Socialist Republic of Vietnam, which was approved by the 13th National Assembly of the Socialist Republic of Vietnam on November 28, 2013 at its 6th Session, asserted in Article 25: “Citizens have the right to freedom of speech and freedom of the press, and have the right of access to information, the right to assembly, the right to association, and the right to demonstrate. The exercise of those rights shall be prescribed by law.”. As the "fundamental law" of the country, the Constitution is the basis for formulating and promulgating laws, ordinances, resolutions and documents belonging to the State legal system. Thus, the introduction of the Press Law 2016 (as well as the Press Laws issued before) are based on an important content of the Constitution. This content is fully compatible with international treaties to which the State of Vietnam is a signatory, such as: Article 19 of the United Nations Universal Declaration of Human Rights: “Everyone has the right to freedom of speech and expression. This right includes freedom to hold opinions without interference and to seek, receive and share ideas and information through any media and without frontiers”, concurrently, Clause 2 Article 29 of this Declaration also affirms: “In the exercise of individual rights and liberties, everyone is subject only to such limitations as are established by law for the sole purpose of securing recognition and respect for the rights and freedoms of others, meeting the legitimate requirements of morality, public order and general welfare in a democratic society”; or Clause 2 Article 19 of the United Nations International Covenant on Civil and Political Rights: “Everyone has the right to freedom of expression; this right includes freedom to seek, receive, and impart information and ideas of all kinds orally, in writing or in print, in the form of art, or by any other means of communication, regardless of national borders”, concurrently, according to Clause 3 Article 19 of the International Covenant: “The exercise of the right to freely express opinions (recorded in Clause 2 above) requires the involved parties to have special obligations and responsibilities. This right may only be limited by law because of the need to: a. Respect the liberties and reputations of others; b. Protect national security, public order, public health or morals”.

Thus, the Constitution of the Socialist Republic of Vietnam and the Declaration and Covenant both affirm the citizens' freedom of speech in the press, concurrently, both agree on the principle that the exercise of citizens' freedom of speech in the press must be "provided by law", "must comply with statutory restrictions", "may be limited by law". Therefore, freedom of speech is a constitutional right, set forth by the Constitution and cannot be changed. In press, affirming the right to freedom of the press and the right to freedom of expression in the press is one side of the issue, on the other hand, it is necessary to develop and promulgate laws to ensure that these rights are exercised in a democratic manner, in accordance with the requirements of social stability and development, and have positive impacts on human development. Chapter II of the Press Law 2016 of Vietnam also stipulates specific provisions. If in Article 10 of this Law, freedom of the press of citizens include to create journalistic works; to provide information for press; to provide feedback of information on press; to access the press information; to be associated with the press agencies to create the journalistic products; to print and release the printed newspapers, then in Article 11, citizens’ freedom of speech on press means that citizens have the rights to express opinions about the situation of the country and the world; contribute opinions to develop and follow the guidelines and policies of the Party and law of the State; contribute opinions, comments, recommendations, complaints and denunciation in the press to the organizations of the Party, state agencies, political – social organizations, political – social – occupational organizations, social organizations, social- occupational organizations and other organizations and individuals. Article 12 mentions responsibility of press agency for the citizens’ freedom of the press and freedom of speech in the press of citizens, which are: posting the recommendations, comments, news, articles, photos and other journalistic works of the citizens in line with the principles and purposes…; in case of posting failure, the reply and indication of reasons are required; reply or require the organizations and competent persons to reply in writing or on press about the citizens’ recommendations, complaints or denunciation. Concurrently, according to Article 13 stipulating the responsibility of the State for the citizens’ freedom of the press and freedom of speech in the press: The state creates favorable conditions for the citizens to exercise their freedom of the press and freedom of speech in the press and allows the press to properly promote its role; The press and journalists must operate within the framework of the law and are protected by the State. No one is allowed to abuse the freedom of the press, freedom of speech in the press to infringe upon the interests of the State, the legitimate rights and interests of organizations and citizens; The press is not censored before print, transmission and broadcasting.

Along with expanding the subjects allowed to establish press agencies, introducing new regulations on association in press activities, with regulations on freedom of press and freedom of speech in the press, the Press Law 2016 is really a very important step for the State of Vietnam while ensuring freedom of expression in society and perfecting the legal system to ensure these rights. However, the right to freedom of speech in general, the right to freedom of the press, and the right to freedom of expression in the press in particular, are not unlimited rights, which as described above, the Constitution of the Socialist Republic of Vietnam and relevant documents of the United Nations all place these rights within the legal framework, and limit in the principles of not to cause harm, not to offend, not to conflict with other rights of the State, citizens, etc. For example, while exercising the right to freedom of the press and freedom of expression in the press in particular, citizens must comply with Article 15 of the Constitution of the Socialist Republic of Vietnam, in which Clause 2 affirms: “Everyone is obliged to respect others’ rights” and Clause 4 affirms: “The exercise of human rights and citizens’ rights may not infringe upon national interests and others’ lawful rights and interests”. This is the basis for Article 9 of the Press Law 2016 of Vietnam to have specific provisions on prohibited acts in press activities to limit the abuse of power by the press, using the press to publish malicious and negative content that is harmful to the State, people, social organizations, national history, country's sovereignty, international relations, beliefs - religions, children's rights, honor and prestige of citizens, etc.

From the above contents, it can be said that the Press Law 2016 of Vietnam has created a broad but strict legal framework, strong protection by institutions necessary and sufficient for citizens to exercise their right to freedom of the press and freedom of expression in the press; so that press agencies and journalists can operate freely within the framework of the law etc. This is an important aspect showing the democratic, fair and civilized nature in the organization and social management of the State of Vietnam, concurrently, it is also a proof that the legal system in Vietnam has been and is getting better and better, in line with the requirements of the cause of national construction and defense, in line with the development level of the modern world. Concurrently, this is also the basis to refute the allegation that hostile forces and a number of organizations and individuals without goodwill often use to slander, slander and fabricate about press freedom in Vietnam. Concurrently, this is also the basis to refute the allegation that hostile forces and a number of organizations and individuals without goodwill often use to slander, slander and fabricate about press freedom in Vietnam.

Freedom of the press and freedom of expression in the press are among the basic human rights in a developed society. But how to exercise the right to freedom of the press and freedom of expression in the press is an issue that needs to be specifically mentioned. based on the choice of development path of each country and the legal system of that country, along with the criteria of the culture that is directly ethical. Therefore, even though exercising these rights, within the framework of the law, in accordance with cultural traditions, serving the interests of the country, the nation, and the community, the press cannot take advantage of the freedom of the press, the right to freedom of expression in the press is viewed in an extreme way and infringes upon the rights and interests of all organizations, individuals and the country. Those are the inevitable issues that only from full and serious awareness can each citizen, each press agency, each journalist use the right to freedom of the press and the right to freedom of expression in the press in a practical, effective, and positive way for society and people, thereby expressing the spirit of "Living and working according to the Constitution and the law".

HONG QUANG

Source: People's Newspaper

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