Draft Press Law: Consider regulations on freedom of speech

September 25, 2015 08:31

National Assembly deputies discussed and commented on the draft Press Law, which includes provisions on freedom of the press and freedom of speech.

The new points of the draft Press Law (amended) compared to the current Law are the addition of 1 chapter regulating the right to freedom of the press and freedom of speech in the press in the spirit of the 2013 Constitution; expanding and specifying the subjects allowed to establish press agencies; paying attention to press economics; recognizing and specifying the scope, fields and contents of association in all types of press; adding a number of new regulations on press organization.

Phiên họp thứ 41 của Ủy ban Thường vụ Quốc hội
The 41st session of the National Assembly Standing Committee

During the 41st session of the National Assembly Standing Committee, giving comments on this draft, many delegates suggested that the drafting agency should clarify the principles of press freedom and citizens' freedom of speech in the press; and should clearly redefine the content to regulate in accordance with the spirit of the Constitution as well as international conventions.

The 1989 Press Law and the 1999 Law amending and supplementing a number of articles of the Press Law stipulate citizens' freedom of speech and freedom of the press. In particular, it stipulates that the State creates favorable conditions for citizens to exercise their freedom of the press and freedom of speech in the press.

The press and journalists operate within the framework of the law and are protected by the State; no organization or individual is allowed to restrict or obstruct the press and journalists' activities... However, the current practice of implementing freedom of the press in our country shows that: the abuse of freedom of the press to infringe upon the rights and legitimate interests of individuals and organizations still occurs; regulations on the right to access information are still lacking and unclear, leading to limitations in providing information to the press. Therefore, it is necessary for this Draft Press Law to add a chapter regulating freedom of the press and freedom of speech in the press.

According to Vice Chairman of the National Assembly Uong Chu Luu, the new point of the bill is to add a chapter regulating freedom of the press and freedom of speech in the press in accordance with the spirit of the 2013 Constitution. However, the draft law distinguishes freedom of the press for press agencies and journalists, while freedom of speech in the press is for citizens. This is a shortcoming that needs further study.

Phó Chủ tịch Quốc hội Uông Chu Lưu phát biểu
Vice Chairman of the National Assembly Uong Chu Luu speaks.

“The freedom of the press and the right to freedom of speech in the press are not correct if understood in two different categories. The UN Convention states that the freedom of the press is understood as the exercise of human freedom of speech through the press, in the press. I suggest that this must be done very carefully, redefining the content of freedom of the press and freedom of speech in the press,” National Assembly Vice Chairman Uong Chu Luu argued.

Sharing this view, Mr. Phan Trung Ly, Chairman of the National Assembly's Law Committee, said that this draft law only delves into journalism and provides ways to manage the press, while the issue of how citizens can exercise their right to freedom of the press is not clearly stated.

Mr. Nguyen Duc Hien, Head of the National Assembly's Petition Committee, commented: The Press Law is not a law governing the press. Therefore, it is necessary to express the people's right to press freedom in order to create conditions for citizens to participate in press activities.

"I think this is the press law. Not the press management law. So where is the citizens' freedom of the press expressed? I think it's very simple. Obviously, the daily lives of the people are most truthfully reflected in the press, creating valuable works. Therefore, citizens have the right to provide information, the right to write articles, the right to do all work related to the press," said Mr. Nguyen Duc Hien.

Ông Phùng Quốc Hiển, Chủ nhiệm Ủy ban Tài chính - Ngân sách
Mr. Phung Quoc Hien, Chairman of the Finance and Budget Committee.

However, according to Mr. Phung Quoc Hien, Chairman of the Finance and Budget Committee of the National Assembly, press freedom is not unlimited. That freedom must be placed within the framework of the law, serving the interests of the nation and people; not infringing on the rights and interests of organizations and individuals.

“Citizens have the right to freedom of speech and freedom of the press. But in my opinion, the issue of freedom and rights here must be carefully considered. The greatest right of citizens is the right to be protected by law. Therefore, citizens' freedom of the press must also be within the framework of the law. We build laws to ensure the leadership of the Party and the management of the State,” said Mr. Phung Quoc Hien.

Regarding freedom of the press, Ms. Truong Thi Mai, Chairwoman of the National Assembly's Committee on Social Affairs, raised questions about the ethics of journalists. According to Ms. Truong Thi Mai, recently, many newspapers have reported too much in detail, specifically, and densely on murder cases and massacres, which has a negative impact on society. This raises the issue of the ethics of journalists. However, the draft Law does not specifically regulate this issue.

“Recently, the Ministry of Information and Communications has continuously put forward its views and opinions to make adjustments when the press reports on crimes too frequently. I suggest continuing to research and answer the question of where journalist ethics is placed in this law. And so, I think that it is necessary to enhance the role of the Vietnam Journalists Association in the issue of journalist ethics,” said Ms. Truong Thi Mai.

During the process of collecting opinions and contributing to the drafting of the press bill, many opinions said that to ensure press freedom, press privatization must be allowed. However, when explaining the draft law at the 41st session of the National Assembly Standing Committee, the representative of the drafting agency, Minister of Information and Communications Nguyen Bac Son said: the privatization of the press was not included in the bill in accordance with the Party's viewpoint, that is: the press is revolutionary press, not commercializing the press, press freedom but must be within the legal framework./.

According to VOV.vn

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