Draft on recording and photographic equipment: Don't "tie the hands" of journalists!

The Ministry of Public Security is seeking public comments on a draft Decree regulating the conditions for trading in camouflaged equipment and software used for recording, taking photos, and positioning. This draft contains provisions that may restrict journalists' rights to work and investigate in recording and taking photos.

Reporter secretly recorded a "broker" buying train tickets (left cover) at Saigon station area.

Many risks should be banned

According to the Ministry of Public Security, in recent years, the business situation of camouflaged equipment and software for recording, taking pictures, and positioning has been very complicated, causing outrage in society, and posing many potential threats to national defense, security, and order. Through the state management of security and order, the Ministry of Public Security has discovered many cases of subjects using camouflaged equipment and software for recording, taking pictures, and positioning.

A typical case is the case of Viet Hong Technology Company Limited (abbreviated as Viet Hong Company) publicly advertising the Ptracker software product and monitoring more than 14,000 mobile phone accounts, allowing subjects to rent Viet Hong Company's Ptracker software service to secretly film, take pictures, record calls, and locate phones illegally...

In addition, the Ministry of Public Security has identified at least 24 individuals and organizations openly advertising, trading equipment and providing services similar to Viet Hong Company.

The draft clearly states that business activities of camouflaged equipment and software used for recording, taking pictures, and positioning, including: manufacturing, assembling, transporting, storing, buying, selling, leasing, and repairing camouflaged equipment and software used for recording, taking pictures, and positioning, are conditional business activities, requiring a certificate of eligibility for security and order issued by a competent authority under the Ministry of Public Security or the Ministry of National Defense.

Only 3 groups are allowed to trade in camouflage equipment and software used for recording, taking pictures, and positioning: Business establishments under the Ministry of Public Security, business establishments under the Ministry of National Defense serving the people's army, and business establishments not under the Ministry of Public Security or the Ministry of National Defense that have received written approval from the Ministry of Public Security.

Notably, according to the draft: "Only agencies responsible for protecting national security, order and social safety are allowed to use camouflaged equipment and software for recording, taking pictures and positioning to serve the activities of protecting national security, ensuring order and social safety, preventing crime and national defense tasks".

One issue raised by this draft is that the use of recording and photographic equipment by journalists may be restricted. In reality, many investigative reporters have to “play a role”, using hidden or disguised cameras and recorders to collect information for their articles.

Business management, not usage management

Commenting on the above draft decree, on April 7, journalist Phan Huu Minh - Head of the Inspection Committee, Standing Member of the Vietnam Journalists Association - said that the 2016 Press Law (amended and supplemented) will only take effect from January 1, 2017, so decrees and sub-law documents must not have provisions contrary to the spirit of the law.

“For reporters and journalists, investigative journalism requires the use of recording and photographic equipment. In many cases, these devices must be kept secret, so they need to be disguised. If the regulation stipulates that only specialized agencies can use them, it will invisibly limit the press's right to operate,” said Mr. Huu Minh.

Mr. Tran Nhat Minh, Director of the Center for Research on Development Communication (RED), also analyzed that there are logical contradictions in this draft decree. Because the Government only assigned the Ministry of Public Security to draft a decree to manage investment and business in equipment, but did not assign the Ministry of Public Security to build and manage its use (objects, purposes).

Meanwhile, some provisions in the draft refer to the users. In addition, citing the illegal actions of Viet Hong Company to generally accuse those who use these devices illegally is not convincing.

For the press, this restriction will greatly affect professional activities to date because in many cases, in order to expose negative issues, reporters may unintentionally violate legal regulations.

Therefore, Mr. Phan Huu Minh proposed to amend the draft regulations on the use of camouflaged recording and filming devices. "It is necessary to clarify in the direction of expanding the subjects, especially with the press having its own characteristics, which must be prioritized in this case. Not only negative investigations but also positive reflections need to disguise recording and filming devices" - Mr. Huu Minh argued.

According to Lao Dong