Ensure freedom of the press and freedom of speech of citizens

The draft Law on Press (amended) will be submitted by the Government to the National Assembly on the afternoon of November 4. This amendment aims to develop the press along with good press management; ensure citizens' freedom of the press and freedom of speech in the press; and ensure that no one abuses freedom of the press and freedom of speech in the press to infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals.

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The Government affirmed that the amendment of the current Press Law is to implement the 2013 Constitution and to make the provisions of the current press law consistent with the new requirements set forth by the 2013 Constitution. These are issues of ensuring the implementation of citizens' rights to freedom of the press and freedom of speech in the press; the press's right to access information; the responsibility of agencies and organizations in providing information to the press; acts and contents prohibited from being reported in the press to ensure "respect for the rights or reputation of others; protection of national security or public order; health or social morality."

The 2013 Constitution stipulates the principle that "human rights, civil rights... are recognized, respected, protected, and guaranteed according to the Constitution and the law" and affirms that these rights "can only be restricted according to the provisions of law in necessary cases for reasons of national defense, national security, social order and safety, social morality, and public health" (Article 14).

According to international law, freedom of the press (in essence, the people's freedom of speech through the press) is a limited right, and restrictions on this right must be specifically stipulated in law if necessary, according to the provisions of Article 14 of the 2013 Constitution. Therefore, the Press Law (amended) needs to develop regulations on citizens' freedom of the press and freedom of speech in the press on the basis of implementing Articles 14 and 25 of the 2013 Constitution.

After 16 years of implementation, the Press Law and documents guiding the implementation of the law have created a legal corridor for press activities and press-related activities to develop remarkably, the people's freedom of the press and freedom of speech in the press are guaranteed and promoted within the framework of the 1992 Constitution and laws; the Vietnamese press has developed strongly in terms of quantity, type and quality of information, thereby effectively serving the cause of building and defending the Fatherland.

However, the practice of press activities in recent times has revealed worrying issues such as press agencies not properly implementing their principles and purposes; false information tends to increase; the trend of "commercialization" is slowly being overcome; information violating traditional customs still occurs. Much information in the press is not selective, focusing on reflecting the negative aspects of society; many news and articles are sensational and attract readers; the honesty of the press has declined.

Regulations on the rights and obligations of journalists, responsibilities of heads of press agencies, prohibited acts, providing information to the press, the role of state management, the role of press management agencies... have not promptly adjusted to emerging issues in practical press activities, have not promoted the effectiveness and improved the efficiency of state management of the press in the current period; regulations on freedom of the press, freedom of speech in the press, but the mechanism to ensure this right is not specific.

In practice, many issues have gone beyond the provisions of the law, such as press agencies implementing many types of activities, issues of linkage in press activities, press economic issues, names and responsibilities of heads of press agencies, etc. Furthermore, press regulations in many documents are scattered and overlapping, and need to be codified into law to improve legality and facilitate implementation.

To overcome the limitations and shortcomings of the press and to strengthen the Party's leadership and improve the effectiveness of state management of the press, the Politburo issued Notices No. 162-TB/TW, No. 41-TB/TW and Notice No. 68-TB/TW on a number of measures to strengthen leadership and management of the press; the Prime Minister issued Directive No. 37/2006/CT-TTg dated November 29, 2006 on the implementation of the Politburo's conclusion on a number of measures to strengthen leadership and management of the press, in which the Ministry of Culture and Information (now the Ministry of Information and Communications) was assigned to "conduct a review of the implementation of the current Press Law to make recommendations and propose appropriate amendments and supplements."

In particular, one of the tasks stated in the section on press work of the Resolution of the 5th Central Conference, Session X on ideological, theoretical and press work in response to new requirements clearly states: "Research to supplement and amend the Press Law and related legal documents." These are the reasons why the Press Law needs to be comprehensively amended and supplemented to meet the requirements of developing and managing press activities in the new situation.

The Draft Law on Press (amended) is built to ensure the leadership of the Party and the management of the State over the press; to maximize the positive aspects and overcome the shortcomings and defects in press activities; to ensure the unity and uniformity of the legal system on the press, on the basis of codifying current legal regulations on the press; and the feasibility of legal regulations on the press in the political, socio-economic conditions and press activities in Vietnam.

The 1989 Press Law consists of 7 chapters and 31 articles; the 1999 Law amending and supplementing a number of articles of the Press Law has 36 articles. This draft Press Law consists of 6 chapters and 60 articles, of which 31 are newly established articles and 29 are amending and supplementing provisions of the current Press Law.

According to the program, on the afternoon of November 14, National Assembly deputies will discuss in groups, and on November 26, they will discuss in the hall about the draft Press Law (amended)./.

According to Vietnamplus