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Changes in regulations on content copyright on radio and television services

(IP) – On October 1, 2022, the Government issued Decree No. 71/2022/ND-CP amending and supplementing a number of articles of Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and use of radio and television services with many notable new points about content copyright on radio and television services.

Specifically, Decree 71/2022/ND-CP has newly added Article 20a on editing, classification and translation of radio and television content upon request.

Accordingly,  Decree 71/2022/ND-CP stipulating editing and classifying radio and television content needs to fulfill the following requirements:

For news and current affairs programs; Programs on politics, national defense, security, economy and society: Must be produced and edited by a press agency with a license to operate in radio and television before being provided on the service.

For movies: Before providing the service, the service provider must ensure the conditions for classifying movies according to the Government’s regulations and take responsibility before law for the content and results of movie classification. according to the classification criteria prescribed by the Ministry of Culture, Sports and Tourism; In case the service provider has not yet satisfied the conditions for classification of films, it is requested to request the Ministry of Culture, Sports and Tourism or an agency authorized by the Ministry of Culture, Sports and Tourism to classify the film. with movies that have not been granted a Film Classification License or a Broadcast Decision.

For sports and entertainment programs: Must be edited and classified before being provided on the service and displaying warnings while providing services, ensuring that they do not violate the prohibitions according to Vietnamese law. Male. Service providers shall base themselves on the principles of editing, classifying and warning content in accordance with regulations of the Ministry of Information and Communications and relevant laws to carry out editing and classification activities.

Along with that, in the regulations mentioned in the above Decree 71/2022/ND-CP, those performing the work of translating foreign films and programs must ensure respect and preserve the purity of the language. Vietnam, make sure not to violate the prohibitions in accordance with the law of Vietnam. Compiled content for each type of program (if any) shall be edited and classified as above.

In particular, before that, in  Decree 06/2016/ND-CP, domestic program channels serving political tasks, essential propaganda information according to State regulations were transmitted and transmitted intact. on radio and television services in the territory of Vietnam without a copyright agreement.

After being amended in  Decree 71/2022/ND-CP, this regulation is adjusted as follows:  Program channels serving political tasks, essential propaganda information as prescribed by law are continued to be continued. broadcasting and transmitting intact on radio and television services in Vietnam through an agreement on signal receiving points between a press agency having a radio and television operation license and a service provider.

At the same time, Decree 71/2022/ND-CP supplements the following regulations: On-demand radio and television content and content of value-added services must satisfy copyright requirements such as: after:

1- Having a document proving the legal copyright as prescribed by law;

2- Ensure the integrity of the program, the movie has been broadcast on the channel, including the name, icon (logo) of the program channel;

3- Ensure compliance with the copyright contract or written agreement; the integrity of the program’s contents after being edited and classified according to the provisions of Clause 1, Article 20a of this Decree.

The Decree takes effect from January 1, 2023.

Minh An