What are the regulations on handling of violation in the field of press in Vietnam?

What are the regulations on handling of violation in the field of press in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the regulations on handling of violation in the field of press in Vietnam?

Specifically, Article 59 of the Press Law 2016 stipulates handling violations in the field of journalism as follows:

- Where the press agencies or organizations involved in the press activities violate the provisions of this Law, depending on the nature and seriousness of the violation, they shall be cautioned, fined or applied with the measures of revocation, confiscation of publication, video and audio recording taps; suspended publication or permit revocation in the press activities in accordance with the provisions in Clause 2 of Article 59 of the Press Law 2016.

- The press agencies whose press operation permit, permit for publishing additional journalistic publications, supplements, production of additional radio channels and television channels, setup of special column of online newspapers and the agencies or organizations whose publishing permit of special issue or newsletter upon posting or broadcasting of information with the contents specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Article 9 of the Press Law 2016 causing very serious effect or particularly serious effect.

- Where the head of press line agency, general director, deputy general director, director, deputy director, editor-in-chief, deputy editor-in-chief of press agency, journalist, author of journalistic work and other individuals have the violation of provisions of the Press Law 2016, depending on the nature and seriousness of the violation, they shall be disciplined, sanctioned for administrative violation, prosecuted for criminal liability or their press cards shall be revoked.

- Organizations and individuals that infringe the intellectual property rights in the field of press shall be sanctioned under the regulations of law on intellectual property

- Where the press agencies, journalists, organizations and individuals involved in the press activities cause damages to the legitimate rights and interests of the other agencies, organizations and individuals, in addition to the sanction specified in Clauses 1, 2, 3 and 4 of Article 59 of the Press Law 2016, they shall have to make public correction or apology in newspapers and make compensation for the damages as prescribed by law.

2. Prohibited behaviours in the field of press in Vietnam

Pursuant to Article 9 of the Press Law 2016, prohibited acts in the field of press include:

- 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.

- 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.

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

- Distorts history; denies the revolutionary achievements; offends the nation and national heroes.

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

- 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.

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

- 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;

- Provides information which affects the normal physical and spiritual development of children.

- 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.

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

- 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.

- Posts on the products the information with journalistic characteristics specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Article 9 of the Press Law 2016.

Ho Quoc Tuan

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