What is the act of 'abusing the status of a journalist'?

“To prove that they are not ‘abusing their status as journalists…’, journalists and reporters need to operate in accordance with the provisions of the Press Law and its implementing guidelines. From the case of reporter Quang The (Tuoi Tre Newspaper), if reporter Quang The finds that the punishment is not in accordance with the law, he can file a lawsuit in court.”

Lawyer Dinh Anh Tuan. Photo: Phu Xuan

That is the opinion of lawyer Dinh Anh Tuan (Hanoi Bar Association) when discussing with Tien Phong about the case of Tay Ho District Police, Hanoi deciding to fine reporter Quang The (Tuoi Tre newspaper) more than 14 million VND for 6 administrative violations; in the case related to the criminal police of Dong Anh District Police, Hanoi on Nhat Tan Bridge on September 23.

Lawyer Tuan added that he had not been able to study the case file, so he could not say which side was right, which side was wrong, to what extent it was right, to what extent it was wrong. If Mr. Quang The finds that such a punishment is not in accordance with the law, not consistent with the actual developments of the case, he can file a lawsuit in court. A legally effective judgment of the Court will be the answer to who is right, who is wrong.

Of the 6 administrative violations that Mr. The was punished for, which one is the lawyer most concerned about?

I am most concerned about the act of "Taking advantage of 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 Decree No. 159/2013/ND-CP of the Government regulating administrative sanctions for violations in journalism and publishing activities.

In my opinion, the spirit of this law is not to deal with behavior like that of reporter Quang The (while working, reporters can unintentionally obstruct the activities of agencies, organizations, and individuals). The spirit of this law is to deal with intentional behavior. I do not think that reporter Quang The intentionally obstructed the activities of the police team protecting the scene, he wanted to take pictures and collect information, that's all.

The "slap on the cheek" of police officer Ngo Quang Hung, as Colonel Nguyen Duy Ngoc - Head of the Hanoi Police Department's Investigation Police Agency, called it. Ngo Quang Hung was reprimanded, while reporter Tran Quang The was fined for 6 administrative violations - Photo: MC cut from clip

But things are not going so smoothly. What do journalists need to do to be able to 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 prove that they are operating in accordance with the provisions of the Press Law and its implementing guidelines.

On the contrary, I think that the fact that a few officials obstruct or even attack journalists is not because they respect the Press Law, not because they are strictly implementing Decree No. 159/2013/ND-CP of the Government, but on the contrary, they are seriously violating this Decree. However, usually no one bases this Decree on punishing them.

Can you tell us which provisions of Decree 159/2013/ND-CP protect journalists from working legally?

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

According to you, which agency has the authority to punish the act of obstructing reporters' work (if any) in this case?

The question is who will take action? The Dong Anh District Police said 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) filmed and photographed by journalists and reporters, to have a basis for preparing a case for handling. In my opinion, not only reporter Quang The, but also Tuoi Tre newspaper and the Vietnam Journalists Association need to make recommendations to the agencies I just mentioned to handle the case.

Some people think that journalists and reporters often “make a big deal out of it” when in fact the incident is not that big of a deal. What is your opinion?

The act of obstructing journalists from doing their work violates the basic right of the people, which is the right to information. When the basic right of the people is violated, it cannot be considered a small matter.

Thank you sir.

According to Tien Phong