Performance Management Agency: 'Only those who post offensive nude photos online will be punished'

In response to the reaction of the art world to the Circular stipulating that "beauty queens and models are not allowed to take nude photos", Head of the Performance Management Department Le Minh Tuan said that it is necessary to understand the provisions of the law correctly and fully.

The Ministry of Culture, Sports and Tourism recently issued Circular No. 01/2016 guiding the implementation of a number of articles of the Decree on the field of performing arts. The Circular received many reactions from beauty queens and models about its provisions.

Mr. Le Minh Tuan - Head of Performing Arts Management Department, Department of Performing Arts - shared withVnExpressissues surrounding the Circular.

- Many artists are confused because they think the regulations in the circular are unclear in the clause "art performers, fashion shows; beauty contest winners, models are not allowed to 'take photos or record personal images without costumes'". What is your opinion?

- We must recognize the regulations in their true nature and in their entirety. Article 3 of Circular 01 stipulates that artists are not allowed to "take photos or record personal images without costumes or use offensive costumes or makeup." The word "offensive" is associated with both meanings in the above sentence. Thus, only when taking photos or personal images with offensive content that does not conform to social ethical standards is it within the scope of regulation.

In addition, people often only read a few points without realizing that this regulation is intended to "assess the nature and severity of the acts committed by performing artists, fashion shows; winners of beauty contests, models". Each field has its own legal regulations, individuals participating in performing arts, fashion shows... will be subject to the regulations of Decree 79, 15 and Circular No. 01, and if individuals participate in the field of Fine Arts and Photography, they will be subject to the regulations of specialized laws in that field.

Mr. Le Minh Tuan - Head of Performance and Disc Management Department, Department of Performing Arts.

- What is the basis for assessing whether that behavior is offensive or not?

- The assessment of whether a behavior is offensive or not has been clearly stipulated in Clause 2, Article 3 of Circular 01/2016, and will be concluded, evaluated, appraised and advised by a council to the management agency for sanctioning. To assess that behavior, the appraisal council will have qualified experts to conclude. The articles in the press themselves have also given basic assessments of behaviors that do not conform to social norms. The media and public opinion are the reference channels for the appraisal council to have more multi-dimensional information to make accurate conclusions.

- What is different about the new circular when previously many behaviors considered offensive by models and beauty queens in performing arts were also punished?

- This Circular is new in that it specifically regulates the use of offensive images to "circulate on telecommunications networks" and aims to create scandals to become famous. Previously, Decree 79 did not have this provision.

According to the Government's Decree on telecommunications network management, "telecommunications network" includes social networking sites, general websites, personal blogs...

- If the individual did not post it themselves but someone else posted it online, how will that individual be handled?

- The regulation is very specific "unintentionally or intentionally disseminated on telecommunications networks". Therefore, I have the opinion that for performers, before performing acts, they should consider carefully, avoid violating social ethics standards, not being suitable to traditional customs, leading to unintentional or intentional violations of the law.

- The Circular sets out regulations for title winners at beauty contests. So how will those who are in the Top 5, Top 10 or do not win the title but commit the above acts be handled?

- The regulation for "winning titles in competitions" includes both main and secondary titles. Contestants in the Top 5 and Top 10 of competitions mostly have secondary titles. This is a relatively specific regulation and covers all winners in competitions.

If you do not win a prize but participate in artistic activities, you will be regulated by the behavior of "performers, fashion shows". People who participate in competitions and do not win prizes and then do not participate in artistic performances are not subject to the scope of this circular.

- How does this circular apply to award winners who previously had offensive nude photos?

- In fact, the organizers and judges of previous competitions have evaluated whether such behavior is appropriate or not and removed such contestants from the competition. After this circular was issued, such behaviors have been included in the legal regulations.

- If violating the provisions in this circular, how will individuals be punished?

- Currently, the Ministry of Culture is amending Decree 158, which specifically stipulates administrative fines and sanctions for violations according to Decree 15 and Circular 01. According to the Ministry's plan, the amended Decree 158 will be submitted in the third quarter.

- The circular takes effect on May 15. Will the revised Decree 158 be issued in time to apply penalties?

- The revised Decree on penalties must always be issued after the Decree and Circular No. 01 are issued, when the acts are institutionalized, then there will be sanctions to punish those acts. Therefore, there is always a delay compared to the document regulating the content.

However, most of the violations are already in Decree 158 on administrative sanctions. According to Decree 158, the current form of handling is only limited to fines. In the future, violations of Circular 01 will be suspended from performing for a maximum of 3 to 6 months or 6 to 12 months and up to a maximum of 24 months. When committing a violation, the violator will be punished, and after the penalty period, they will be allowed to continue performing.

Regarding the level of fines, the law on administrative penalties for violations in the field of culture, including the field of performing arts, currently stipulates a maximum fine of 50 million, depending on the level of violation.

- If an individual violates the rules in an art performance, how will the art organization be handled?

- According to the provisions of Article 3 of Circular No. 01, the above acts are prescribed for individuals, because the performance of the act always starts from the individual. Only the individual performing the act can have the product and be evaluated as offensive or not in accordance with ethical standards and customs.

If the performance organizer has an individual who is offensive or does not conform to social standards, the responsibility will of course belong to that organization and that individual. This is regulated in the field of performance organization in Decree 79 and Article 7 of Decree 15 amended and supplemented.

According to VNE