Press freedom must be within the legal framework

 Press freedom is one of the fundamental human rights today. It is the right to inform, exchange, communicate, and express the will and aspirations of each individual and organisation through the mass media. However, like many basic human rights, press freedom must be put within the legal framework.

It is widely known that, not only Vietnam but many other countries around the world have a provision in the Constitution that “Everyone is equal to law”. Therefore, it is normal for Vietnamese authorities to try some journalists, or those who used to work as journalists, in violation of the law. Journalists are also citizens and equal before the law like others. However, recently, when Vietnamese courts tried some elements who took advantage of the “journalist title” to distort and spread false information... some people “expressed their opinions” on social networks or answered interviews of foreign media that “Vietnam has suppressed journalists” or “There is no press freedom in Vietnam”, etc. Along with that, some foreign organisations and newspapers, not understanding, or deliberately not understanding the actual situation of Vietnam, have embroidered and published untrue information about Vietnam press. For example, Reporters Without Borders (Reporters sans frontières) has published a so-called report on the “World Press Freedom Index 2022”, making up fabricated rhetoric and alleging that Vietnam is still in the group of countries with a “very bad” press situation. Then, they called on people to fight for the “true press freedom”, “release of journalists” who violated the law, etc.

Those who commit acts contrary to the interests of the vast majority of the Vietnamese people may not know, or deliberately not know, that freedom of speech is a fundamental human right, but this right is always limited and must be within the legal framework. Most countries in the world have such regulations. The Universal Declaration of Human Rights (1948) states that “Everyone has duties to the community. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order, and the general welfare”.

In fact, most countries in the world now have sanctions and legal provisions to strictly handle acts of abusing press freedom to violate the law. In other words, press freedom, in any country, must be associated with the political regime, social conditions, and ethical and legal foundations in a certain historical situation. Each country, depending on specific conditions and contexts, places certain limits on the exercise of freedom of speech by citizens. In the U.S., the limits of freedom of speech are demonstrated primarily by the precedent of courts, particularly the U.S. Supreme Court, which allows the government to block and punish speech of a pornographic, obscene, defamatory, offensive, aggressive nature, etc. April 2003, Peter Arnett (author of the book “Live from the Battlefield” which has been translated into Vietnamese by Thong Tan Publishing House), a “true” reporter for CNN, was suddenly fired for giving information that did not fit the views of the White House and the Pentagon. In France, the law on freedom of speech also imposes strict limits and sanctions to punish abuses of freedom of speech that affect the legitimate rights and interests of others, including the protection of human dignity, prevention of slander and libel, anti-racism, religion, and prevention of incitement to violence and hatred (Press Freedom Act, 1881); prevention of invasion of privacy (Civil Code); or prohibition of publication of certain documents related to national security (Criminal Cod). The expression of personal views on the Internet is also governed by the Press Freedom Act.

In Vietnam, the Party and State always respect and guarantee human rights, including the citizens’ right to freedom of speech. Freedom of speech is enshrined in Article 10 of the first Constitution of the Democratic Republic of Vietnam (1946) that “Vietnamese citizens have the right to: Freedom of speech, freedom of publication, freedom of association and assembly, freedom of belief, and freedom of residence and movement within the country and abroad”. Article 25 of the current Constitution of the Socialist Republic of Vietnam (2013) continues to affirm that “Citizens have the right to freedom of speech, press, access to information, assembly, association, and demonstration. The exercise of these rights is provided for by law”. The Press Law 2016, Information Access Law 2016, and Cyber Security Law 2018 all have specific provisions on freedom of speech and press freedom. These laws also contain specific provisions on the act of posting and disseminating false information; misrepresenting, defaming, and denying the government; fabricating and causing confusion among the people; misrepresenting history; denying revolutionary achievements; insulting the nation and national heroes; providing false information, slandering, and insulting the reputation of agencies, organisations, honour, and dignity of individuals,... that are strictly handled in accordance with the provisions of law. Thus, in terms of law, the Party and State of Vietnam have fully and synchronously promulgated a legal framework on freedom of speech that is compatible with international law on human rights.

During the past 77 years, since the success of the August Revolution, the right to freedom of speech and press freedom of citizens has always been paid attention to by our Party and State to create favourable conditions for people to enjoy. Currently, Vietnam has more than 800 print and electronic press agencies and more than 70 agencies licensed to operate radio and television broadcasting. The country has more than 40,000 people active in the press agencies, including more than 17,000 people who are granted Journalist Cards. Vietnam is recognised by the world as one of the countries with the highest Internet growth and use with more than 68 million people (accounting for 70% of the population).

Over the years, the press in Vietnam has always played the role as the voice of the Party and the State and the forum of the people and proactively, promptly, and effectively informed major issues of the country to clearly demonstrate the role to lead and guide public opinion and create social consensus. Vietnam's press agencies are really a bridge between the Party and the State and the People to quickly, fully, and accurately propagate the news of events, undertakings, and guidelines of the Party and policies of the State and the Government in performing two strategic tasks of building and protecting the Fatherland. Particularly, press agencies have detected and honestly reflected good examples and good deeds and enthusiastically supported and promoted new factors, effective models, and positive manifestations in the process of socio-economic recovery after the Covid-19 pandemic to, thereby, encourage cadres, Party members, the masses, and workers to strive to overcome difficulties and fulfil their tasks.

One of the basic, important functions of the press is social monitoring and criticism. This function has been effectively promoted by the Vietnamese revolutionary press during a century, especially in the socio-economic recovery after the Covid-19 pandemic. The press has actively participated in social monitoring and criticism; actively contributed to the planning of the Party's undertakings and guidelines and the State’s policies and laws; fought against hostile and false rhetoric; and prevent and combat corruption, negativity, and social evils that are hindering the development of the country. In professional activities, journalists have not been afraid of difficulties and challenges to struggle in practice and detect “loopholes” and inadequacies in issuing policies... to recommend the State authorities to amend and correct in a timely manner. At the same time, they have exposed many cases of corruption and serious negativity - the “worms” that are gouging the lives of workers, nefarious enrichers, and causes that stifle the talents of the masses and suggested measures to prevent and overcome those obstacles. The press and media have created strong public opinion to fight and condemn the phenomena of corruption and negativity arising in social life, such as waste, laziness, deceitful business, irresponsible and disorganised expressions, etc. This is the struggle for the good against the bad and for the right directions and good behaviours to be increasingly replicated and developed for the benefit of the country and the people. It is a vivid testament to the press freedom in Vietnam.

However, some organisations and individuals may not understand or, due to bad intentions, misrepresent and fabricate. They take advantage of so-called “democracy” or “human rights” to promote press freedom that is not built on the foundation of honesty and respect for truth and an unprincipled “press freedom” outside the legal framework. They demand that Vietnam organise and manage the press under the “Western press model” or claim for the “privatisation of press” to serve their plans. They try to encourage, promote, and praise the so called “free journalists”, “fighters for democracy”, or “dissidents” who are actually lawbreakers and handled by Vietnamese law.

According to the Constitution and legal documents of Vietnam, the “right to freedom of speech” of all citizens is the right to freely have and hold their own views and the right to freely seek, receive, and share information but must be within the limits prescribed by law and suitable with the ethical values, culture, and fine traditions of the Vietnamese nation rather than being arbitrary, slandering, and libeling, deceiving, and infringing upon national security, social order, and freedom of others. Individuals and organisations must be responsible for their acts and behaviours on social networks and coordinate with authorities to handle acts and contents of information violating the law.

Vietnam's law “has no restricted zones and no exceptions to its citizens”. In fact, the fight against corruption and negativity in Vietnam has been going on exactly like that. Therefore, individuals who “go with the tide” or “sycophants” who blindly follow hostile and reactionary forces to oppose and go against the interests of the country and the nation will certainly be handled in accordance with current laws and pay a heavy price for acts of abusing democratic freedoms to infringe upon the interests of the State, organisations, and individuals or even be convicted with crimes of propaganda against the State of the Socialist Republic of Vietnam. Accordingly, every Vietnamese person needs to be properly aware of the right to freedom of speech to raise a sense of responsibility when using social networks and vigilant to actively fight against, counter, and prevent false statements and malicious information and share and spreading healthy information.