What constitutes 'abuse of journalistic status'?

“To prove they are not ‘abusing their status as journalists…’, journalists and reporters need to operate in accordance with the regulations of the Press Law and its implementing guidelines. Regarding the case of reporter Quang Thế (Tuổi Trẻ newspaper), if reporter Quang Thế believes the punishment is not in accordance with the law, he can file a lawsuit in court.”

Lawyer Dinh Anh Tuan. Photo: Phu Xuan

That was the view of lawyer Dinh Anh Tuan (Hanoi Bar Association) when discussing with Tien Phong newspaper about the case where the Tay Ho District Police in Hanoi issued a decision to fine reporter Quang The (Tuoi Tre newspaper) more than 14 million VND for 6 administrative violations; in the incident involving criminal police officers from Dong Anh District Police, Hanoi, on Nhat Tan Bridge on September 23.

Lawyer Tuan added that he had not reviewed the case file, so he could not comment on who was right or wrong, or to what extent they were right or wrong. If Mr. Quang The believes that the penalty was not in accordance with the law and did not reflect the actual events of the case, he can file a lawsuit. A legally binding court ruling would then answer who is right and who is wrong.

Of the six administrative violations for which Mr. The was penalized, which one is of most interest to the lawyer?

I am most concerned about the behavior of "Abusing the status of a journalist or reporter to interfere with or obstruct the lawful activities of organizations or individuals," as stipulated in point b, clause 2, Article 6 of Government Decree No. 159/2013/ND-CP on administrative sanctions for violations in journalistic and publishing activities.

In my opinion, the spirit of this law is not to address actions like those of reporter Quang Thế (where reporters may unintentionally obstruct the activities of agencies, organizations, or individuals while working). The spirit of this law is to address intentional actions. I don't believe reporter Quang Thế intentionally obstructed the police team securing the scene; he simply wanted to take photos and gather information.

The incident, described by Colonel Nguyen Duy Ngoc, head of the Hanoi Police Investigation Agency, as police officer Ngo Quang Hung "slapped the journalist in the cheek," resulted in Ngo Quang Hung receiving a reprimand, while reporter Tran Quang The was fined for six administrative violations. - Photo: MC, cropped from a video clip.

However, the situation is becoming complicated. What should journalists do to both carry out their work and prove that they are not "abusing their status as journalists or reporters to interfere with or obstruct the lawful activities of organizations or individuals"?

Journalists and reporters need to demonstrate that they are carrying out their work in accordance with the Press Law and its implementing regulations.

Conversely, I believe that the actions of a small number of officials who obstruct or even attack journalists are not due to their respect for the Press Law or their diligent implementation of Government Decree No. 159/2013/ND-CP; on the contrary, they are seriously violating this Decree. However, it is rare for anyone to use this Decree as a basis for punishing them.

Could you please specify which provision of Decree 159/2013/ND-CP protects journalists working in accordance with the law?

Article 7 of Government Decree 159/2013/ND-CP stipulates a fine of VND 5 million to VND 10 million for the act of "illegally obstructing the professional activities of journalists and reporters"; a fine of VND 10 million to VND 20 million for the act of "insulting the honor and dignity of journalists and reporters while they are performing their professional duties"; the remedial measure is to require the person who committed the violation to apologize to the journalist or reporter.

According to him, which agency has the authority to impose penalties for any obstruction of journalists' work (if any) in this case?

The question is, who will handle the punishment? The police officers in Dong Anh district say they are "protecting the scene." Journalists and reporters can only rely on the Inspectorate of the Hanoi Department of Information and Communications, or the Inspectorate of the Ministry of Information and Communications. These agencies can collect electronic data (video clips and images) that journalists and reporters have filmed or photographed to build a case file for prosecution. In my opinion, not only reporter Quang The, but also Tuoi Tre newspaper and the Vietnam Journalists Association should petition the agencies I just mentioned to handle this case.

Some people say that journalists and reporters often "make a big deal out of things," when in reality the incidents aren't that serious. What is your opinion on this?

Obstructing journalists from carrying out their work infringes upon a fundamental right of citizens, namely the right to information. When a fundamental right of citizens is violated, it cannot be considered a minor matter.

Thank you, sir.

According to Tien Phong