The 2016 Press Law officially comes into effect: 9 new points you need to know.

On April 29, 2016, President Tran Dai Quang promulgated the 2016 Press Law. The Press Law will take effect from January 1, 2017, with 6 chapters and 61 articles, including 32 newly drafted articles and 29 articles amending and supplementing provisions of the old law.

Regarding the structure of the law:

- The 1989 Press Law consisted of 7 chapters and 31 articles; the 1999 Law amending and supplementing some articles of the Press Law added 6 articles and removed 1 article. After the 1999 amendments and supplements, the Press Law has 36 articles.

- This new Press Law comprises 6 chapters with 61 articles (an increase of 25 articles), including 32 newly drafted articles and 29 articles amending and supplementing the provisions of the current Press Law.

The structure of the chapters in this new Press Law has removed the chapter on state management of the press, and changed the structure of Chapter III (Duties and powers of the press) and Chapter IV (Press organizations and journalists) of the 1999 Press Law to Chapter III (Press organizations) and Chapter IV (Press activities) in the new Press Law.

Regarding new content:

The first,Regulations on the freedom of the press and freedom of expression in the press for citizens: This new Press Law has structured Chapter II with 4 articles specifically regulating the freedom of the press and freedom of expression in the press for citizens, including the right of citizens to: create journalistic works, provide information to the press, respond to information in the press, access press information, collaborate with press agencies to produce journalistic products, print and distribute printed newspapers; offer opinions, criticisms, suggestions, complaints, and denunciations in the press regarding Party organizations, State agencies, political-social organizations; political-social and professional organizations; social organizations; social-professional organizations and members of those agencies and organizations.

Monday,Regarding the entities permitted to establish press agencies, in addition to those stipulated in the current law, the new Press Law has added several entities that can establish scientific journals, such as: higher education institutions as regulated by the Law on Higher Education; scientific research organizations, scientific research and technology development organizations organized in the form of academies or institutes as regulated by the Law on Science and Technology; and hospitals at the provincial, city-level or equivalent or higher.

The above regulation allows private educational institutions and science and technology organizations, including those with foreign investment, to publish scientific journals.

Tuesday,The new Press Law has added regulations on collaboration in journalistic activities, specifically stipulating the areas and content in which press agencies are allowed to collaborate with other press agencies, legal entities, and individuals with business registrations relevant to the collaboration field; the maximum permitted duration for collaboration in radio and television channels serving essential political and informational propaganda tasks as prescribed, and general news and political channels; and the maximum duration for which radio and television agencies can collaborate in producing entire radio and television channels.

Press agencies can proactively carry out their work and take responsibility without having to seek permission from state management agencies for the press, aiming to reform administrative procedures and ensure the autonomy and accountability of press agencies.

Wednesday,Regarding the operational rights of the press, in addition to the provisions of the current Press Law, this new Press Law specifically stipulates the responsibility of agencies, organizations, and individuals to provide information to the press; and the types of information that authorized agencies, organizations, and individuals have the right to refuse to provide to the press.

To protect journalistic sources and the rights of journalists, compared to the current law, the new Press Law limits the disclosure of information sources by media organizations and journalists to only when there is a written request from the Chief Prosecutor of the People's Procuracy, the Chief Justice of the People's Court at the provincial level and above, when it is necessary for the investigation and trial of very serious or especially serious crimes. At the same time, the Chief Prosecutor of the People's Procuracy and the Chief Justice of the People's Court at the provincial level and above are responsible for organizing the protection of information providers after their names are revealed.

Thursday,In addition to clearly defining the rights and obligations of journalists in the law, and to uphold the role of journalists and their civic responsibility, this new Press Law also supplements and legalizes mandatory regulations on professional ethics for journalists; stipulating that the Vietnam Journalists Association has the task of issuing and organizing the implementation of regulations on professional ethics for journalists; journalists have the obligation to comply with regulations on professional ethics and will have their press cards revoked if they violate professional ethics and cause serious consequences.

Friday,Regarding the business and service activities of press agencies: The new Press Law provides more open regulations than the current law regarding the business and service activities of press agencies, as shown in point c, clause 2, article 21, which stipulates that the revenue of press agencies includes revenue from the business and service activities of the press agency and its affiliated units.

Saturday,Regarding prohibited behaviors in journalistic activities: Article 9 of the new Press Law stipulates prohibited behaviors in journalistic activities, specifying more clearly and precisely some behaviors compared to the current Press Law, including: Information that accuses someone of a crime before a court ruling, information that affects the normal physical and mental development of children, information about mystical events that cause panic in society, negatively affecting social order, safety and public health...

The prohibited acts of posting and disseminating information stipulated in Clauses 1 and 2 of Article 9 are consistent with the provisions of the 2015 Penal Code, while other prohibited acts are consistent with the Civil Code and other laws, ensuring practical feasibility.

Eighth,Regarding corrections and handling of violations: To ensure the legitimate rights and interests of agencies, organizations, and individuals affected by false information published in the press, the new Press Law has added several new regulations on corrections, such as: Electronic media, in addition to publishing and broadcasting corrections and apologies, must immediately remove the false information that has been published or broadcast. Press agencies and general information websites that have published or broadcast information from other press agencies that requires correction or apology must also republish the correction and the error of the offending press agency. At the same time, it specifies the location for corrections for each type of media.

This revised Press Law includes new provisions on handling violations, such as: press agencies having their operating licenses, licenses to publish additional publications, supplements, radio and television channels, and online newspaper special sections revoked; and agencies and organizations having their special issue or newsletter publishing licenses revoked when publishing or broadcasting information that violates the provisions of Article 9 and causes very serious or especially serious harm.

NinthThe new Press Law has codified regulations from government decrees into law, while also adding several new provisions to regulate journalistic activities, specifically regarding: State policies on press development; changes in the governing body of press agencies; cooperation between Vietnamese and foreign press; journalistic activities of foreign press, foreign representative offices, and foreign organizations in Vietnam; protection of the content of radio programs, television programs, and online newspapers; and information feedback...

We believe that the new Press Law will create an important legal framework for the revolutionary press in our country to continuously develop sustainably, making increasingly worthy contributions to the building and firm protection of the Socialist Republic of Vietnam.

According to Infonet