Reporters interview Minister of Natural Resources and Environment Pham Khoi Nguyen last May.

A draft decree on administrative measures covering media and publishing activities has been roundly criticized for contradicting to its stated claim of protecting the fourth estate.

They have also criticized a rule that allows several unrelated agencies to issue fines against violations in the field and said it was unreasonable to have to obtain permission from every person before carrying their pictures on the media.

What is needed, instead, are stricter measures against acts of obstructing or being uncooperative with the media, they’ve said.

The draft document, prepared by a team led by the Ministry of Information and Communications, was modified five times before being presented for public discussion. It is unclear when the draft decree would be submitted to the central government for approval.

Currently, media activities are under the purview of the Press Law and Decree 56, stipulating administrative measures against violations in the fields of culture and information.

Several lines of fire

Lawyer Nguyen Van Hau, head of the HCMC Bar Association’s Propaganda Section, said the draft decree contradicted the Ordinance on Administrative Violations when stipulating that several agencies would be authorized to issue fines against the media and publishing, including inspectors in the fields, police, border guards, marine police, customs and market watchdogs.

A decree on administrative measures against the media should be based on the “root” law document, which is the Ordinance on Administrative Violations, he said.

“And this ordinance will have to be modified before the decree is issued because the former document only stipulates fines against violations in the publishing field,” he said, adding that such modification would have to be approved by the National Assembly, Vietnam’s parliament.

He also said the Decree 56 has a chapter about administrative measures against violations of the media and it could be modified, if necessary, instead of issuing a separate decree on the issue.

Exposing whistleblowers

A proposal in the draft decree that stipulates fines against those failing to name their sources of information has also drawn strong criticism.

Lawyer Trinh Thanh of the Law Office for the Poor in HCMC said the proposal was impractical because reporters would have to protect the source in certain cases, especially in reports about corruption.

No one would offer information to the media in these cases because they would be unprotected, he said.

Tu said it is necessary to cite the source in common reports but the source should be excluded in some reports for their safety. “Protecting the source is a popular method adopted long ago by the media in many countries,” he said.

According to the Press Law, the media can refuse to reveal information sources, except when asked by a provincial head judge, head of the provincial prosecution office or higher authorities in cases where it is needed for an investigation or a trial involving serious crimes.

Picture this

Pham Phu Tam, editor-in-chief of Phap Luat Thanh Pho Ho Chi Minh (HCMC Law) newspaper, said the draft decree was unreasonable in stipulating fines against the media for carrying pictures without the consent of the concerned people or their relatives.

The draft document proposes that the media are allowed to carry pictures of only those who have already been charged or been jailed and those of community activities, he said.

Tam cited an example to show this proposal was not reasonable. In a recent case when a man stabbed and killed a police officer on duty in Da Nang City, many newspapers had published the news with the suspected criminal’s picture. He said they could not have published the photo if they needed permission.

“This proposal means the media have to ask for permission in most cases, including the nation’s leaders, before carrying their pictures and it would be unreasonable and ridiculous,” said an editorial board member of a newspaper in HCMC, who wanted to remain unnamed.

How objective is objective?

“Objectivity is the target value in reporting but it is impossible to have a truly objective article,” said Phan Van Tu, deputy chairman of Dong Nai Province branch of the Vietnam Journalists Association. “An article is always reflected through the prism of the reporter, his editorial office, managing organizations or media management agencies.”

“For example, the selection and arrangement of details in a report clearly reflect the author’s angle on the story,” he said.

Tam also criticized the vagueness of the proposed regulations saying it would be difficult to judge the objectivity of a report and its “serious consequences,” the VietnamNet news website reported.

He asked whether a newspaper would be fined or not for reporting a National Assembly session that criticized a province if the province then later accused it of causing serious consequences.

Le Manh Ha, director of the HCMC Department of Information and Communications agreed. “It is possible to identify an incorrect report but extremely difficult to identify its serious consequences. Regulations should deal with matter that can be measured.”

Source: TN, Agencies