Discussing the Draft Law on Organization of People's Courts (amended) on the morning of May 28, many National Assembly deputies said that there should be more openness in recording audio and video for reporters and the press reporting at court sessions. However, the press must record audio and video correctly and clearly, and be responsible for their recordings.
Sharing with reporters of VietnamPlus Electronic Newspaper on the sidelines of the National Assembly this morning, delegate Pham Van Hoa - Deputy Head of the National Assembly Delegation of Dong Thap Province (Member of the National Assembly's Law Committee) agreed with the draft law on regulations on audio and video recording.
However, Mr. Hoa also said that the draft law needs to be reviewed and adjusted, with more open regulations in the direction that reporters from press agencies can record audio and video of suspects and defendants if they have the consent of the suspects and defendants.
“The press must record audio and video correctly and clearly and take responsibility for their recordings so that no one dares to spread false information online,” delegate Pham Van Hoa emphasized.
National Assembly Delegate Nguyen Tao - Deputy Head of the National Assembly Delegation of Lam Dong Province (Member of the National Assembly's Law Committee) also expressed his opinion that there should be more openness in recording and filming the trial with reporters attending the trial, but he said that there should be "a separate room for the official press to work so as not to affect the trial".
“This has created significant impacts and pressure on the litigants participating in the case, negatively affecting the trial and legal propaganda work, and moreover directly affecting individual rights and human rights as stipulated in the Constitution,” delegate Nguyen Thi Viet Nga expressed her concerns.
Given the above reality, delegate Viet Nga said that tighter regulations on recording and filming at court are extremely necessary. However, “we should not only limit the recording of images at court sessions and meetings during the opening of the court session, meeting, sentencing or announcement of decisions, but also limit audio recording”.
Delegate Nguyen Thi Viet Nga analyzed that although the principle of publicity is to publicize the entire trial, not just the opening time, the verdict, or the announcement of the decision, if people are allowed to freely record audio and video during the trial, it will affect the trial process because it will more or less create chaos.
In divorce trials and business cases involving many private, corporate, and business secrets, if recording and filming are widespread and then posting edited information on social networks, it will affect the organizations and individuals involved.
“Currently, the handling of violations in the cyberspace environment is facing many difficulties and obstacles,” delegate Nguyen Thi Viet Nga noted and suggested that there should be a distinction between subjects allowed to record audio and video at court.
According to delegate Nguyen Thi Viet Nga, there should be more open regulations on filming in court for reporters, journalists, and television, because they are well-trained, professional, and bound by work, so the information will certainly be more professional and objective.
"This is also the opinion and recommendation of many voters who are reporters, television technicians, and journalists," delegate Nguyen Thi Viet Nga shared.
National Assembly delegate Nguyen Thanh Nam (Phu Tho delegation) also proposed to adjust the direction that recording images at court sessions and meetings can only be done during the opening of the court session, meeting, and the announcement of the verdict and decision when permitted by the presiding judge.
“In case of recording audio or images of other litigants or participants in court or meetings, there must be their consent and the consent of the presiding judge of the court or meeting,” delegate Nguyen Thi Viet Nga proposed.
Meanwhile, delegate Bo Thi Xuan Linh (Binh Thuan delegation) proposed to amend Clause 3, Article 141 of the draft law as follows: "Recording speech and images at court sessions and meetings can only be done during the opening of the court session, meeting, and the pronouncement of judgment and announcement of decisions with the permission of the presiding judge of the court session or meeting."
“In case of recording audio or images of other litigants, participants in court sessions or meetings, their consent and the consent of the presiding judge of the court session or meeting must be obtained,” delegate Bo Thi Xuan Linh stated her opinion and said the reason for the amendment is to protect human rights and citizens’ rights to images and personal and family secrets.
According to delegate Bo Thi Xuan Linh, during the trial and meeting, a lot of information and evidence was announced at the trial but was not verified, especially information about personal privacy, family secrets, and business secrets.
“This information and evidence must be considered and concluded by the panel of judges in the verdict and decision. In addition, to ensure the solemnity of the trial, create conditions for the panel of judges to conduct the trial well and not be distracted by other factors,” delegate Bo Thi Xuan Linh shared.
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