From January 01, 2017, all journalism activities and issues related to these activities will be regulated by the Press Law 2016, which was passed by the 13th National Assembly, at its 11th session on April 05, 2016.
Article table of contents
Compared to the Press Law currently in effect, the structure of the Press Law 2016 has some changes. Specifically: It has been reduced to 6 chapters (currently 7 chapters) with 61 articles, an increase of 25 articles (currently 36 articles). It stands out with new points as follows:
Freedom of Press and Freedom of Speech on the Press of Citizens
The freedom of the press and freedom of speech on the press of citizens are not new rights, but in the Press Law 2016, these two rights have been made more specific through concrete actions, as follows:
Citizens have the right to press freedom through:
- Creating journalistic works.- Providing information to the press.- Giving feedback on information in the press.- Accessing press information.- Collaboration with press agencies in the production of journalistic products.- Printing and distributing print media.
And the right to freedom of speech on the press by:
- Expressing opinions about the nation's and the world's situations.- Participating in giving opinions on the development and implementation of Communist Party guidelines, state policies, and laws.- Providing comments, criticisms, suggestions, complaints, and denunciations in the press against Communist Party organizations, state agencies, political-social organizations, socio-professional organizations, social organizations, socio-professional organizations, and other organizations and individuals.
Universities also Have the Right to Establish Press Agencies
This is a new provision added to the right of entities to establish press agencies. The Press Law 2016 clearly states: Entities eligible to establish press agencies include:
- Agencies of the Communist Party, state agencies, political-social organizations, socio-professional organizations, religious organizations at provincial level or equivalent or higher, which operate legally under Vietnamese law may establish a press agency.- Higher education institutions according to the Higher Education Law; scientific research organizations, scientific research and technology development organizations organized in the form of academies, institutes according to the Science and Technology Law; provincial-level or equivalent hospitals may establish scientific journals.
This provision is quite suitable in practice because many universities and scientific research organizations currently issue scientific journals that are of reference value and significantly support practical life.
Allowed to Collaborate in Press Activities
Press agencies are allowed to collaborate in press activities with other press agencies, legal entities, and individuals registered according to the business in the field suitable for collaboration as prescribed by law with the following contents:
- Designing, presenting, printing, advertising, distributing press products, and providing information content according to regulations;- Exploiting or purchasing copyrights for mastheads, content of press publications in the fields of science, technology, sports, entertainment, advertising, and economic information of foreign press for publication in Vietnam;- Foreign organizations and individuals are allowed to collaborate in exploiting or purchasing full copyrights for mastheads, contents of legal press publications of Vietnam for publication abroad;- Producing radio or television programs, channels in the fields of science, technology, economics, culture, sports, entertainment, advertising, and social welfare;- Producing print and electronic press products in the fields of science, technology, economics, culture, sports, entertainment, advertising, and social welfare.
The content and form of collaborative activities must comply with Vietnamese law, ensuring that collaborative programs on radio and television channels serve the political mission, essential information, and propaganda according to the regulations of the Ministry of Information and Communications, and the general news - politics channels do not exceed 30% of the total first broadcast time of the channel. Radio and television entertainment programs, game shows, reality shows with foreign copyrights, scripts must be Vietnameseized and suitable for Vietnamese customs.
Limiting the Scope of Press Activities
In addition to the existing press law provisions, the Press Law 2016 stipulates the limitation of press activities where agencies, organizations, and individuals with authority have the right to refuse providing information to the press in the following cases:
- Information falls under the state secrets, Communist Party secrets, personal privacy, and other secrets;- Information about an ongoing investigation or trial that has not been adjudicated, except when administrative agencies or investigative bodies need to disclose information to benefit the investigation and the fight against crime;- Information on cases under inspection without inspection conclusions; cases under the process of complaint resolution; issues of disputes or conflicts between state agencies under resolution without official conclusions from the competent authority that are not yet allowed to be disclosed according to law;- Policy documents, drafts under preparation not yet approved for publication by the competent authority as per the law.
It is also regulated that press agencies and journalists only have to reveal their sources of information when required in writing by the Chief Procurator of the People's Procuracy or the Chief Justice of the People's Court at provincial level or higher, which is necessary for the investigation and trial of very serious, especially serious crimes.
Journalists Must Have Professional Ethics
Like other professions such as lawyers, doctors, teachers, etc., journalism is no exception. Besides their rights and obligations, journalists in their professional activities must adhere to the rules and ethics of journalism.
The Press Law 2016 stipulates that the Vietnam Journalists Association is responsible for issuing and implementing codes of journalism ethics; journalists are obligated to comply with the professional ethics code and will have their press cards revoked for serious ethical breaches causing serious consequences.
Prohibition on Accusation Without a Court Verdict
Article 9 of the Press Law 2016 stipulates acts prohibited in press activities, which include more specific and clearer regulations compared to the existing Press Law, and adds some new acts such as: Publishing information that accuses without a court verdict, information that affects the normal physical and mental development of children, information about mystical events causing social panic, adversely affecting public order, safety, and community health.
