Television reporters work at a regular press conference of the Ministry of Information and Communications.
According to the Press Department (Ministry of Information and Communications), public service is an activity of power and legality, mostly performed by cadres and civil servants to perform the functions and tasks of the State, associated with State power, on behalf of the State to serve the Fatherland and serve the People.
The Law on State Compensation Liability (2017) in Clause 1, Article 3 stipulates: "A public servant is a person elected, approved, recruited or appointed in accordance with the provisions of the law on cadres, civil servants and relevant laws to a position in a State agency to perform administrative management, litigation or judgment enforcement tasks or another person assigned by a competent State agency to perform tasks related to administrative management, litigation or judgment enforcement activities". Therefore, the journalist's work activities cannot be considered as performing public duties.
The 2016 Press Law has provisions on the protection of journalists in their professional activities. Article 25 of the Press Law stipulates: "Journalists have the right to conduct press activities within the territory of the Socialist Republic of Vietnam, to conduct press activities abroad in accordance with the provisions of law and to be protected by law in their professional activities." Article 9 stipulates prohibited acts, including acts of threatening, intimidating the life, insulting the honor and dignity of journalists, destroying, seizing equipment and documents, and preventing journalists from conducting their professional activities in accordance with the law.
Decree 119/2020/ND-CP dated October 7, 2020 of the Government stipulates administrative sanctions in press and publishing activities, including acts of illegally obstructing press activities.
In case a journalist is assaulted, the authorities will consider criminal prosecution of the violating organizations and individuals based on the nature and severity of the act in accordance with the provisions of the Penal Code.
In fact, the situation of journalists being attacked while working is becoming a worrying issue in today's society. Many journalists have faced dangerous situations, even losing their lives, just because they are performing their duty of providing information to the public. These attacks not only violate the rights of individual journalists but also threaten freedom of information and freedom of the press - important principles in a democratic society. Therefore, in addition to complying with regulations to protect the rights of journalists, society needs to take stronger actions to prevent and thoroughly handle acts of attack and violation of journalists.
The Ministry of Information and Communications has repeatedly affirmed the importance of the press in maintaining social order and stability and serving the common interests of the community. However, considering journalists as public servants is inconsistent with current legal provisions. Journalists operate within the framework of the law, carrying out their mission of providing accurate, objective and timely information to the public. Therefore, stronger protection measures are needed for journalists, while raising public awareness of the role and responsibility of the press in society.
In summary, the Ministry of Information and Communications does not agree with the determination that journalists perform their duties as performing public duties, because their activities are not activities of State power. However, journalists still need to be protected while performing their work and need to be protected by society and the law so that their legitimate rights are not violated during the entire process of working./.
Source: https://mic.gov.vn/nha-bao-thuc-hien-nhiem-vu-la-thi-hanh-cong-vu-khong-197241224211154669.htm
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