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Generally, freedom of speech and freedom of press are recognized  by laws of countries, but they are not “unlimited” as they could lead to violation of rights and interests of individuals, organizations, and State. The International Covenant on civil and political rights (Article 19) stipulates that: “1: Everyone shall have the right to hold opinions without interference; Everyone shall have the right to freedom of expression,…; 3: The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may be therefore subject to certain restrictions, but these shall only be such as are provided by law and are necessary: For respect of the rights or reputations of others; For the protection of national security or of public order (ordre public), or of public health or morals”. European Convention on Human Rights (Article 10) stipulates that: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary”.

In a country, which is generally considered free like the U.S, the freedom of press is still under the law. The US Criminal Law (Chapter 115, Article 2385) and the Alien and Sedition Acts passed by the US Congress in 1789 (to prevent the spirit of French Revolution from penetrating the U.S.) prohibit printing, publishing, editing, issuing, circulating, selling, distributing, or publicly displaying any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence”.

Those stringent regulations aim to counteract the abuse of press freedom to oppose and overthrow governments, violate rights of individuals. Nevertheless, why are Asian countries often ranked among the lowest ones in the world press freedom index by Western organizations? The differences in the approach to press freedom, speech freedom under the law and in culture lead to that domineering point of view. In 1988, when the late Singaporean Prime Minister Lee Kuan Yew and his government were criticized for the limitation of press freedom, he had a speech at the American Society of Newspaper Editors: “We allow American journalists in Singapore in order to report Singapore to their fellow countrymen. But we can not allow them to assume a role in Singapore that American media play in America, that of invigilator, adversary, and inquisitor of the Administration”. Singapore is a new country, developing itself from zero to the level that the whole world must admire regardless of strong criticism of the West for the issue of freedom, including press freedom. The country’s prosperity proves the existence of differences in approach to universal human rights basing on the different culture and legal system. Even in the West, the recent massacre at the offices of Charlie Hebdo magazine (France) provoked so many arguments that Pope Francis had a voice in the level of press freedom, saying that press freedom could not be unlimited as it included offense.

As for the issue of press freedom in Vietnam, it is undeniable that the country has press freedom. As the Internet, social networks and other applications are booming, Vietnam’s functional agencies, up to now, have not blocked or interfered in any of them, in order to guarantee all citizens the freedom of information. Legal corridors including the Constitution, laws, circulars, and decrees on freedom of press and freedom of speech have been almost completed and in accordance with development conditions. The mouthpieces of the Party, the State, political and social organizations, and occupational agencies have become forums to protect legitimate rights and interests of people from all walks of life at all ages. More importantly, Vietnam press has played a role of criticism, making suggestions for, propagating guidelines and policies of the Party, the State, local party committees and authorities, praising, duplicating typical examples, “good people did good deeds” examples in all areas; at the same time, criticizing, condemning bad habits and social evils, unmasking plots and tricks of hostile forces, contributing to strengthening the nation’s great solidarity, pushing up the cause of Homeland construction and protection. In reality, thanks to press, millions of opinions of people from walks of life were given to the Draft Amendment of the 1992 Constitution (amended and supplemented in 2013); offering suggestions for good implementation of the 4^th Central Resolution on party building, the Politburo’s Directive 03-CT/TW on “continuing to study and follow Ho Chi Minh’s moral example”; building, supplementing, and perfecting law projects and so on. Recently, through press, people’s opinions have been considered and accepted by functional organs, i.e. the Project of resort complex on Hai Van pass (Thua Thien Hue province), the Project of replacing and planting trees in Hanoi, the Project of Long Thanh international airport; and Article 60 of Law on Social Insurance changed by Vietnam National Assembly. Lately, Prime Minister issued the Condition 50/QĐ/2015/TTg on intellectuals’ criticism. All of them have proved that Vietnam always respects and promotes the role of press; denying all the opinions that Vietnam has no freedom of speech and freedom of press. As for journalists, together with reporting correct information, they should give a top priority to their citizenship and social duty as a special mission for national interests.

PhD. Truong Minh Tuan

Deputy Minister of Information and Communications