Reforming vietnamese media law with special reference to australian models

Background of the research

In this section I describe the term media and its context in Vietnamese society The section also provides the circumstances that help explain why I have done this research

The term 'media' encompasses a wide range of interpretations, with a traditional definition from John Donaldson in 1984 highlighting that it includes not only newspapers but also television and radio.

A recent Australian book describes the term as encompassing various methods of audience communication, such as slogans on t-shirts Today, the concept of media includes traditional forms like newspapers, television, and radio, as well as modern platforms such as the internet, blogs, podcasts, online bulletin boards, discussion lists, computer software, video games, and multimedia.

In Vietnam, the Vietnamese Press Law of 1989 defines media as encompassing various forms, including print media such as newspapers, journals, and news bulletins, as well as electronic media like radio and television programs Additionally, it includes website news that is disseminated via the Internet.

The social and political background of the Vietnamese media is Marxist-Leninist philosophy 5 The Vietnamese media are considered simultaneously as an essential means of

1 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 at 989

2 Rolph, David, Vitins, Matt and Bannister, Judith, Media law: Cases, Materials and Commentary (Oxford University Press, 2010) 3

3 Butler, Des and Rodrick, Sharon, Australian Media Law (Lawbook Co, 4 th ed, 2012) 2

The Vietnamese Press Law of 1989, along with the draft of the new Press Law, highlights the evolving legal framework governing media in Vietnam Research by Heng Russell Hiang-Khng emphasizes the role of media in negotiating state interests within this legal context.

5 Heng, Russell Hiang- Khng, ‘Media in Vietnam and the structure of its management’ in Marr, David G (ed), The mass media in Vietnam (Australian National University, 1998) 27

The media in Vietnam serve as a vital communication channel for the Vietnamese Communist Party (VCP), facilitating dialogue between the state, social organizations, and the public They play a significant role in mobilizing citizen participation in VCP policies, safeguarding national interests, and promoting legal compliance Additionally, the media contribute to raising awareness of pressing economic issues and, to some degree, aid in their resolution.

Since the economic renovation (Doi Moi) in 1986, Vietnam's media landscape has evolved significantly, transitioning from a centrally planned to a market-oriented approach This shift has led to the production of engaging content that covers a wide array of topics, including economy, technology, sports, and news In recent years, the media has emerged as a platform for public expression, serving as a responsible watchdog that highlights issues often overlooked by authorities With limited channels for citizens to voice their concerns, the media has become a vital listener, fostering a more democratic atmosphere in society Media institutions have adapted by exploring new topics and enhancing their formats, resulting in content that is now more accessible, interesting, and informative than before Doi Moi.

Vietnamese media legislation is currently inadequate in addressing the needs of society and serving the public interest, as evidenced by various shortcomings in key regulations such as the Vietnamese Press Law 1989, Vietnamese Civil Code 2005, and others These deficiencies impact critical areas including freedom of expression, freedom of information, protection of personal information, and handling of complaints and grievances Overall, the existing legal framework fails to uphold essential rights and freedoms necessary for a modern media landscape.

6 Vietnamese Press Law 1989 s 1;the draft of new Press Law, s 5(1)

7 Lam, Chu Van ‘Economics-related periodicals’ in Marr, David G (ed), The mass media in Vietnam (Australian National University, 1998)

8 Hiang Russell (ed), Media fortunes changing times, ASEAN states in transition (Institute of Southeast Asian Studies, 2002)

In the context of Vietnam's media landscape, significant contributions to the understanding of economics-related periodicals and the role of creative writers in the press since the country's renovation can be found in the works of Lam Chu Van and Thai Ho Anh, as discussed in David G Marr's edited volume, "The Mass Media in Vietnam."

10 Hong, Hoang Thi Minh , Media and civil society in support of good governance and democracy in Vietnam (13 May 2012)

11 Ha, Thu, Boosting the Role of Mass Media (20 June 2011) Vietnam Chamber of Commerce and Industry

Decree No 51/2002/NĐ-CP, enacted on April 26, 2002, provides detailed regulations for the implementation of the Vietnamese Press Law of 1989 and its amendments from 1999 This decree outlines the framework for press operations in Vietnam, ensuring compliance with legal standards and promoting responsible journalism.

13 Ordinance No 30 enacted 28 September 2000 regulating matters relating to the protection of state secrets (Pháp lệnh số 30/2000/PL-

UBTVQH10 ngày 28/12/2000 Bảo vệ bí mật Nhà nước)

• there is no provision showing clearly that freedom of expression is protected from state interference; 14

• freedom of expression has been limited by the interference of the Vietnamese

Communist Party and the government; 15

• there is no provision stipulating clearly the responsibilities of government agencies and government officers in providing information to the media; 16

• there are no provisions specifying that members of the public have right to access to government-held information;

• no legal documents provide the definition and scope of personal information;

• the absence of rules applying to the collection, storage and use personal information;

• the absence of a provision defining defamation, the grounds for compensation for mental damage and the degree of compensation available in cases of defamation; 17

• the absence of provisions specifying the requirements for a successful defamation action;

• the organizations or individuals who are under obligation to protect whistleblowers have not enough enforcement power;

• the absence of a provision defining opposition (as distinct from dissent);

• the absence of clarity as to the process applied to handle complaints and grievances against the media; 18

• the absence of a definition and scope of government or official secrets;

• the absence of a definition of national security;

• the complexity of the provisions covering the protection of official government or official secrets; 19

• having a prohibition against running more than one type of mediais unsuitable in the age of media convergence; 20

Private companies have been violating the ban on private ownership in the media sector by engaging in various activities, including advertising in government-owned media and distributing media releases.

14 Heng, Russell Hiang-Khng, Media Negotiating the State: In the Name of the Law in Anticipation (13 May 2012) Institute of Southeast

15 Palmos, Frank, The Vietnam Press: The Unrealised Ambition (Faculty of Arts, Edith Cowan University Western Australia, 1995) 2- 5

16 Vietnam in need of media laws: official VNA (06 January 2011) Vietnewsonline

17 Yến, Hoàng, Bồi thường xúc phạm danh dự (05 June 2015) Hanh luat Giai phong < http://luatgiaiphong.com/tin-tuc-phap-luat/7302-boi- thuong-xuc-pham-danh-du>

18 Templer, Robert, Vietnam press still hampered by ideology (17 August 2012) Expanded Academic ASAP

19 Hoàn thiện pháp luật về bảo vệ bí mật nhà nước (16 August 2015) Công ty luật TNHH Sài Gòn Minh Luật

; Participants 1, 3, 6, 8, 9, 10, 12, 15

Luật mới sẽ cho phép các cơ quan báo chí phát triển đa dạng các loại hình báo chí Điều này nhằm nâng cao khả năng truyền tải thông tin và phục vụ nhu cầu của độc giả Việc đa dạng hóa hình thức báo chí không chỉ giúp cải thiện chất lượng nội dung mà còn tạo ra sự cạnh tranh lành mạnh trong ngành báo chí.

The media in Vietnam lacks full independence, often operating under the influence of the State Media regulatory bodies consult the Vietnamese Communist Party (VCP) before appointing editors in chief, who are typically VCP members and may exchange roles with officials from these regulatory bodies Consequently, media practitioners function as state officials within the party-government framework, with their power and status determined by their party membership, tenure, and held positions.

Challenges in media regulation hinder the growth of the media sector, ultimately impacting its ability to serve the public interest While this may appear contradictory to the progress the media industry has made since Doi Moi, I will clarify this perspective in my critique of Vietnamese media legislation in Chapter 6.

This project explores the protection of freedom of expression and information in Australia and Vietnam, examining the adequacy of legal frameworks regarding personal information and reputation It assesses whether laws in both countries effectively balance these rights with the protection of individual privacy Additionally, the project investigates the regulation of media ownership in Australia and Vietnam, focusing on how such regulations promote diverse ownership, varied content, and the overall growth of the media industry It also evaluates the handling of media complaints and grievances in both nations, seeking to determine the effectiveness of these processes Finally, the project compares the enforcement mechanisms in Australia with those in Vietnam to identify any advantages.

Aims and objectives

2.1 The aims of the research

This research aims to recommend reforms to Vietnamese media legislation by identifying its shortcomings and drawing on Australian models for improvement By analyzing how similar issues are addressed in Australia, the project seeks to provide insights that can enhance the effectiveness of media laws in Vietnam.

21 Không cho phép báo chí tư nhân (24 November 2013) British Broadcasting Corporation

; Hong, Hoang Thi Minh , Media and civil society in support of good governance and democracy in Vietnam

< http://search.proquest.com/docview/211518880?accountid910>

22 Heng, Russell Hiang-Khng, Media Negotiating the State: In the Name of the Law in Anticipation (13 May 2012) Institute of Southeast Asian Studies

23 Thoả thuận bổ nhiệm lãnh đạo cơ quan báo chí in (15 August 2013) Bo Thong tin va Truyen thong

Freedom of expression and information are safeguarded through regulatory measures that oversee media ownership and ensure accountability Complaints and grievances against media outlets are addressed systematically, reflecting a commitment to transparency and fairness Additionally, the organization of media regulatory bodies plays a crucial role in maintaining these standards, fostering an environment where diverse voices can be heard and respected.

2.2 The objectives of the research

To achieve the research aims mentioned above, four objectives were identified:

1 To identify the shortcomings of Vietnamese media regulation covering freedom of expression, freedom of information, personal information, protection of reputation, opposition and dissent, ownership, and complaints and grievances handling

2 To examine the following areas of Australian law which could help to provide solutions for the shortcomings that have been identified in Vietnamese media regulations, such as:

• the protection of freedom of political communication from government interference;

• the statutory guarantee of a right of access to government-held information;

• the means of balancing the protection of privacy, reputation, national security, and public order with freedom of information and freedom of expression;

• the protection of diverse content and ownership;

• processes for handling complaints and grievances against the media

3 To consider whether Australian models, broadly defined, could help address the shortcomings in Vietnamese media law that were previously identified

4 To consider whether there would be particular aspects of Australian media law that could not or should not be carried across, or should be modified before being adopted in Vietnam.

The significance of the research

This study is significant for two key reasons

The Vietnamese legal system, originally rooted in Soviet theory, is evolving as key concepts like public interest are now recognized independently from state interests This shift indicates a need for legal reform, prompting consideration of liberal democracies, such as Australia, as potential models for integrating these contemporary legal principles.

Secondly, the media in Vietnam are in a period of strong development 26 However, this development is taking a form that does not necessarily serve the public interest,

Báo cáo tổng kết công tác năm 2014 của Bộ Thông tin và Truyền thông, cùng với phương hướng, nhiệm vụ năm 2015, đã được công bố Tình hình truyền thông mới tại Việt Nam đang trong giai đoạn phát triển mạnh mẽ, theo nhận định của Jason Fang vào tháng 10 năm 2015 Các thông tin từ báo cáo này cung cấp cái nhìn tổng quan về những thành tựu và thách thức trong lĩnh vực truyền thông tại Việt Nam.

Thị trường truyền thông Việt Nam đang trải qua giai đoạn phát triển mạnh mẽ, với sự gia tăng nhanh chóng của các kênh truyền thông mới và sự đổi mới trong cách tiếp cận nội dung Sự chuyển mình này không chỉ mang lại cơ hội cho các doanh nghiệp mà còn tạo ra nhiều thách thức trong việc thu hút và giữ chân khán giả Các công nghệ số đang đóng vai trò then chốt trong việc định hình tương lai của truyền thông tại Việt Nam, mở ra nhiều khả năng sáng tạo và tương tác hơn bao giờ hết.

Vietnamese law currently lacks adequate support for media access and information publication This study plays a crucial role in offering recommendations for reforming media legislation in Vietnam to enhance its ability to serve the public interest effectively.

The study aims to enhance freedom of expression in Vietnamese media laws by addressing state interference and establishing a clear right to access government-held information It identifies the lack of a defined process for accessing this information, which currently hampers public and media access, particularly concerning government and political matters By resolving these issues, the research intends to align media development with public needs, ensuring that published information is more relevant and inclusive of public opinions, ultimately fostering a media landscape that better serves the public interest.

Enhancing support for political expression is crucial for strengthening the media's role in a democracy By allowing public access to the processes and outcomes of elected representatives, including elections and policy-making, citizens can engage in informed discussions and analyses of government decisions This empowerment enables voters to make educated choices, ultimately fostering the growth of representative government and a thriving democratic society.

The research highlights the lack of clear definitions regarding government secrets and personal information within the Vietnamese Press Law, particularly concerning the concept of national interest Additionally, the absence of distinct definitions for terms such as opposition and defamation contributes to confusion in publication decisions, especially regarding dissenting opinions Consequently, many editors in chief opt not to publish certain information to avoid potential legal repercussions.

Vietnam Branding

27 Heng, Russell Hiang-Khng, Media Negotiating the State: In the Name of the Law in Anticipation (13 May 2012) Institute of Southeast

28 Vietnam in need of media laws: official VNA (06 January 2011) Vietnewsonline

29 Nhung “Ke ho” cua luat bao chi (26 Septemper, 2007) Phap luat thanh pho Ho Chi Minh

The study aims to empower the media to confidently publish information, enabling a more accurate representation of public opinions, particularly on political and government issues By addressing complaints and grievances, the media can enhance its role in facilitating public discourse and ensure that diverse viewpoints are heard.

The research aims to clarify the confusion surrounding the right to complain and the processes for addressing complaints and grievances, which currently disadvantage complainants, media organizations, and regulatory bodies By establishing clear procedures, both the media and complainants will gain a better understanding of the necessary steps to take, how to execute them, and who is responsible for managing these complaints.

Research indicates that the current media ownership situation in Vietnam is misleading, as private organizations often operate under the licenses of publicly owned entities Furthermore, the Vietnamese Communist Party (VCP) and government intervention in media activities, particularly regarding program and publication decisions, has negatively impacted publication freedom This study aims to propose solutions that maintain government ownership of the media while simultaneously reducing the influence of the VCP and government on media operations.

This research highlights how Vietnamese media law restricts the growth of the media industry, emphasizing the need for legal reforms to align with media advancements By addressing these limitations, the study aims to guide the industry's evolution in a manner that prioritizes the public interest.

Reforming Vietnamese media legislation is a crucial priority for the government, as highlighted during the 2010 National Conference on the Press Deputy Minister Do Quy Doan emphasized the need for improved regulations to support media activities effectively Additionally, Nguyen Huy Ngat from the Justice Ministry stressed that the legal framework should ensure stability in media operations while addressing emerging issues and future developments not currently covered by the existing Press Law.

Mr Nguyen Huy Ngat also argued that the unclear and simplistic regulations of the current

31 Hong, Hoang Thi Minh , Media and civil society in support of good governance and democracy in Vietnam

< http://search.proquest.com/docview/211518880?accountid910>

32 Ha, Thu, Boosting the Role of Mass Media (20 June 2011) Vietnam Chamber of Commerce and Industry

The current media legislation requires clarification and more detailed development, as there are eight key laws that need attention This research aims to address these issues by proposing reforms to the relevant media laws, drawing on effective Australian models for guidance.

Limited research exists in Vietnam regarding media legislation, particularly in identifying solutions to address existing shortcomings This study aims to explore reforms in Vietnamese media laws by drawing on successful models from Australia The goal is to provide actionable solutions that enhance the Vietnamese media industry, ultimately serving the public interest more effectively.

Australian law is relevant to my project due to its recent amendments that address advancements in media technology and industries Notably, the amendments to the Broadcasting Services Act have expanded its regulatory scope to encompass datacasting services and specific online and mobile content Furthermore, the Broadcasting Services Amendment (Media Ownership) reflects ongoing adaptations to the evolving media landscape.

Research methodology

The research adopts a multifaceted qualitative research methodology to address the aforementioned objectives This includes thematic textual analysis and semi-structured interviews

Thematic textual analysis provides a comprehensive overview of the media regulatory frameworks in Vietnam and Australia, allowing for the identification of key reference documents essential for this research This thesis examines various legal documents, including laws, by-laws, acts, codes, and rules, alongside books, journal articles, research publications, reports, media articles, and institutional statements This method is crucial for uncovering the shortcomings of Vietnamese media law and facilitates a comparative analysis with Australian media law, highlighting how it addresses unresolved issues within Vietnamese legislation Ultimately, this approach helps determine whether Australian models can effectively inform the improvement of Vietnamese media laws.

This thesis analyzes key legal documents, including the Australian Constitution, the Australian Broadcasting Services Act 1992, the Australian Communications and Media Authority Act 2005, the Australian Broadcasting Corporation Act 1983, the Privacy Act 1988, the Defamation Act 2005 (NSW), the Criminal Code Act 1995, the Freedom of Information Act 1982, the Public Interest Disclosure Act 2013, and the Evidence Act 1995, alongside the Vietnamese Constitution, the Vietnamese Press Law 1989, and the Vietnamese Civil Code 2005.

This article examines the Vietnamese legal framework governing media, including the Vietnamese Criminal Code 1999, Denunciation Law 2011, Spokesman Regulation 2007, Law on Technology Transfer 2006, Decree No 51/2002/NĐ-CP, Ordinance No 30, and the draft of the new Press Law Chapter 4 provides an overview of the Vietnamese media regulation system, highlighting the importance of analyzing both current laws and the proposed legislation Additionally, the study reviews self-regulatory guidelines such as the ABC Code of Practice 2014 and the SBS Code of Practice 2014, alongside relevant Australian legal cases, including Lange v Australian Broadcasting Corporation (1997), Australian Capital Television v Commonwealth (1992), and Nationwide News Pty Ltd v Wills (1992).

While this approach is ideal for theoretical legal research, it may not accurately reflect the practical workings of each system To validate, enhance, and expand upon the data collected through this initial method, I have also employed semi-structured interviews.

Decree No 51/2002/NĐ-CP, enacted on April 26, 2002, provides detailed regulations for the Vietnamese Press Law of 1989 and its amendments in 1999 This decree outlines the implementation of the press law, ensuring compliance with updated standards and practices in Vietnamese media.

42 Dự thảo Luật Báo chí (23April 2015) Bo Thong tin va Truyen thong

I conducted semi-structured interviews in Australia and Vietnam with key individuals experienced in media law, including representatives from the Ministry of Information and Communication in Vietnam, the Australian Press Council, as well as editors, journalists, and lawyers These interviews facilitated a deeper understanding of media legislation, self-regulatory measures, and case studies, shedding light on the protection of freedom of expression and information, while balancing competing interests such as personal privacy, reputation, national security, and public order Additionally, insights on media ownership laws and grievance handling were gathered, with the Vietnamese interviews highlighting various perspectives on the shortcomings of local media laws and suggestions for reform.

The limitations of the research

This research is subject to a number of limitations

This research examines the shortcomings of Vietnamese media laws and explores how issues are addressed in Australia, focusing on areas such as freedom of expression, information access, personal data protection, reputation safeguarding, dissent, media ownership, and grievance resolution It does not offer an in-depth critique of Australian media laws, except where adjustments may be necessary for their applicability in Vietnam, nor does it directly compare the media legislation of the two countries.

The Vietnamese government sponsored research to gain insights from Australia's experience in reforming media law, offering scholarships for individuals to study abroad and explore solutions for Vietnam's media law reform This initiative shaped the selection of research areas, influencing both the inclusions and exclusions in the study.

This article offers a fundamental overview of Australian media law while highlighting its notable shortcomings A comprehensive analysis was beyond the project's scope and unnecessary for identifying distinct legal models rather than detailed recommendations.

Fourthly, only limited reference to secondary material in Vietnam has been possible because there is little research on Vietnamese media legislation

Conducting interviews with high-ranking officials from the Vietnamese Ministry of Information and Communication, as well as representatives from ACMA, APC, AANA, and editors-in-chief, is a politically sensitive endeavor.

11 interview some people who I consider may have contributed significant expertise This limitation will be explained further in the methodology chapter.

The existing research

The Vietnamese government and media experts have long recognized the need for reform in media legislation In response, the government authorized the Ministry of Information and Communication (MIC) to draft a new Press Law, intended for enactment in 2016 The MIC released this draft in April 2015; however, it largely consolidates existing laws, including the Vietnamese Press Law of 1989 and its 1999 amendment, along with supplementary documents like Decree No 51/2002/NĐ-CP, showing only minimal changes from the current legal framework.

This draft maintains the original provisions analyzed in the research while introducing key changes, including the creation of a financial institution to support media, the licensing process for media outlets, the establishment of media branches, regulations on advertising, intellectual property rights for published information, and identification requirements for media publications Consequently, this thesis offers a comprehensive critique and analysis of the updated law.

This section examines the contributions of notable scholars such as Russell Hiang-Khng Heng, Ch'ng Kim See, Hoang Thi Minh Hong, Frank Palmos, and Dang Thi Thu Huong to the field of Vietnamese media laws, highlighting their studies on the current state of media legislation in Vietnam.

All studies referenced in this section were published before 2006, yet they remain relevant to my research, especially regarding media law, as the Vietnamese Press Law of 1989 has not been updated since 1999 The 1999 amendment mainly addresses grievances against the media, and there is a lack of scholarly work focusing on this specific area Additionally, there is a noticeable scarcity of significant literature on this topic.

In this section I outline the contribution by various scholars and commentators who have given attention to aspects of the media in Vietnam

Nghị quyết số 70/2014/QH13 của Quốc hội điều chỉnh chương trình xây dựng luật, pháp lệnh nhiệm kỳ Quốc hội khóa XIII cho năm 2014 và 2015 Đồng thời, Quyết định số 1193/QĐ-TTg ngày 22/7/2014 của Thủ tướng Chính phủ phân công cơ quan chủ trì soạn thảo và đưa ra giải pháp đảm bảo chất lượng, thời hạn trình các dự án luật, pháp lệnh, nghị quyết trong chương trình xây dựng luật, pháp lệnh của Quốc hội.

44 Dự thảo Luật Báo chí (23 April 2015) Bo Thong tin va Truyen thong

Nghị định số 51/2002/NĐ-CP, ban hành ngày 26 tháng 4 năm 2002, quy định chi tiết thi hành Luật Báo chí và các điều sửa đổi, bổ sung liên quan Nghị định này nhằm mục đích hướng dẫn cụ thể về việc thực hiện các quy định của Luật Báo chí, đảm bảo tính minh bạch và hiệu quả trong hoạt động báo chí tại Việt Nam.

46 ‘Luật báo chí 2016’ Bao Dan luat (online) 02 July 2015

47 Draft of new Press Law, s 7 (access the draft: )

48 Draft of new Press Law, ss 20-24 (access the draft: )

53 Authors’ studies will be review below

6.1 Fred S Siebert, Theodore Peterson, and Wilbur Schramm

In 1963, the influential work "Four Theories of the Press" was published, outlining the authoritarian, libertarian, social responsibility, and Soviet communist concepts of journalism This seminal text features essays by notable authors Fred S Siebert, the director of the School of Journalism and Communications at the University of Illinois; Theodore Peterson, an associate professor in the same field; and Wilbur Schramm, who was the Dean of the Communications Division at the University of Illinois and a professor at Stanford University at the time.

Siebert, Peterson, and Schramm identify various press systems grounded in distinct theories, including authoritarian, libertarian, social responsibility, and Soviet communist Notably, the Soviet Communist Theory evolves from the older authoritarian theory, while the Social Responsibility theory represents a modification of the Libertarian theory Consequently, these theories can be categorized into two primary groups.

The authoritarian theory, which emerged in 16th and 17th century England, posits that the media's primary role is to serve political objectives This philosophy, still prevalent at the time of the book's publication, views the media as a crucial tool for advancing state policies and supporting government power, ultimately aiming to preserve the interests of the state.

Under authoritarian regimes, the media, whether privately or publicly owned, is prohibited from criticizing political leaders and government structures This restriction is often enforced through legal means, allowing authorities to take legal action against individuals who challenge the status quo through public discourse.

54 Fred S Siebert, Theodore B Peterson, Wilbur Schramm, Four theories of the press: the authoritarian, libertarian, social responsibility and

Soviet communist concepts of what the press should be and do (Urbana, Ill.: University of Illinois Press, 1963)

55 Four Theories of the Press (25 July 2016) University of Illinois

Press

56 Fred S Siebert, Theodore B Peterson, Wilbur Schramm, four theories of the press: the authoritarian, libertarian, social responsibility and

Soviet communist concepts of what the press should be and do (Urbana, Ill.: University of Illinois Press, 1963) 2

13 exhortation to change either the personnel or the practices of the state’, 64 of which sedition is an example 65

The core idea of this theory, akin to the Russian-Soviet Communist system, is the alignment of individual interests with state objectives In this framework, media that seeks to challenge the government merely obstructs the state's goals Consequently, freedom of expression is limited to what the government permits to be published, allowing media outlets to disseminate only information that aligns with governmental support.

The Soviet Communist theory, developed in the Soviet Union, mandated that the media serve the interests of the state, similar to practices seen in Nazi Germany and Italian fascism The media was viewed as a tool to interpret Communist doctrine and implement the policies of the working class and the ruling party Its primary role was to ensure the success and longevity of the Soviet socialist system, particularly supporting the dictatorship of the Soviet Communist Party.

The Soviet media system operated under the principle that the press should serve the people, with the Communist Party acting as their representative, leading to the Party assuming responsibility for press control and censorship rather than the state itself While the media was publicly owned, criticism of the Party's objectives was strictly forbidden, although some criticism of its tactics was permitted This framework is described as an evolution of the older authoritarian theory, highlighting the Party's role in shaping media narratives.

In his essay on Soviet Communist theory, Schramm presents the Marxist view of the press as not an independent Fourth Estate, but rather as a tool for interpreting doctrine and implementing the policies of the working class or the militant party He intriguingly connects this perspective to the expectation that the government will eventually dissolve, suggesting that the press should ultimately serve the people Additionally, he emphasizes the essential relationship between freedom and responsibility within this framework.

Schramm points out that absolute freedom of expression does not exist in that theory; 80 rather freedom of expression means freedom within the allegedly beneficent state 81

In the Soviet Union, state control over freedom of expression was absolute, with the media serving primarily to disseminate government policies rather than facilitate public discourse Individuals were often hesitant to voice their opinions, as protections against government retribution did not ensure safety for dissenting views Information was selectively published, prioritizing the state's interests, while media owners and regulatory bodies dictated which facts and narratives were presented to the public.

Thesis overview

This research is structured into three parts, following the introduction and methodology chapters Part I (Chapters 3, 4, and 5) offers an overview of the media industry and media laws in Vietnam and Australia Part II (Chapter 6) critiques Vietnamese media legislation, highlighting its deficiencies Part III (Chapters 7 and 8) reviews Australian media regulation models and assesses their relevance to Vietnamese issues, exploring which elements could effectively address the shortcomings of Vietnamese media laws and identifying aspects that may need modification or should not be replicated.

This chapter starts by outlining the research background and reviewing relevant existing studies It then presents the research aims and objectives, followed by the formulation of key research questions Finally, the chapter highlights the significance of the research in contributing to the field.

27 research methodology of the research Then the chapter identifies the limitations of the research Finally, the thesis structure is outlined

Chapter 2: Research design and methodology

This chapter outlines the research methods employed to achieve the study's objectives, beginning with an explanation and justification of the overall research methodology It emphasizes the significance of qualitative research and grounded theory, followed by a discussion on thematic textual analysis The chapter concludes with an overview of the design and procedures utilized for conducting semi-structured interviews.

PART I: OVERVIEW OF THE MEDIA AND MEDIA REGULATION

Chapter 3: Media industry in Vietnam and Australia

This chapter examines the development, role, and current state of the media industry in Vietnam and Australia It is divided into two sections: the first offers an overview of the media landscape in Vietnam, while the second presents a similar overview for Australia.

This chapter provides a comprehensive overview of Vietnamese media laws, structured into six key sections It begins with an overview of the Vietnamese media regulation system, followed by a description of the regulatory institutions governing the media The discussion then addresses the balance between freedom of expression and competing interests The chapter also emphasizes the importance of protecting journalists' access to information, outlines regulations regarding media ownership, and concludes with the provisions for handling complaints and grievances.

This chapter outlines Australian media laws, structured into six sections for clarity It begins with an overview of the media content regulation system, followed by a description of media regulatory institutions The chapter then addresses the balance between freedom of expression and other legitimate interests It highlights the protections in place for journalists' access to information and discusses laws governing media ownership Finally, it covers the procedures for handling complaints and grievances within the media landscape.

PART II: CRITIQUE OF VIETNAMESE MEDIA LEGISLATION

Chapter 6: Critique of Vietnamese media legislation

This chapter evaluates Vietnamese media laws, highlighting their deficiencies It begins by analyzing the provisions concerning freedom of information, followed by an examination of regulations that address the protection of personal data.

This chapter begins with an overview of the law concerning the protection of reputation, followed by an analysis of laws related to opposition and dissent It then addresses the regulations surrounding media ownership, concluding with a discussion on the procedures for managing complaints and grievances.

PART III: RECOMMENDATIONS FOR REFORMING VIETNAMESE MEDIA

Chapter 7: Review of Australian models and applicability to Vietnamese problems

This chapter examines Australian media models to evaluate their potential in addressing the shortcomings of Vietnamese media legislation By focusing on the deficiencies highlighted in Chapter 6, the analysis explores the applicability of Australian frameworks in six key areas: 1 freedom of expression and information, 2 personal information protection, 3 defamation laws, 4 opposition and dissent, 5 media ownership, and 6 the management of complaints and grievances.

Chapter 8: Specific recommendations for reforming Vietnamese media legislation

This chapter analyzes Australian legal provisions to guide Vietnam in adopting, modifying, or rejecting specific laws It comprises six sections: the first recommends reforms for enhancing freedom of expression and information; the second addresses improvements needed for personal information protection; the third focuses on enhancing reputation protection laws; the fourth explores advancements in laws concerning opposition and dissent; the fifth suggests reforms for media ownership regulations; and the sixth offers strategies for developing effective complaint and grievance handling provisions.

The conclusion discloses the key findings of the research and suggestions for future research.

Conclusion

This chapter outlines the rationale, significance, and limitations of the research while reviewing existing studies It details the research objectives and methodology, offering a comprehensive overview of the research The thesis will now progress to Chapter 2, which focuses on the research design and methodology.

OVERVIEW OF MEDIA AND MEDIA REGULATION

CRITIQUE OF MEDIA LAW AND LEGISLATION

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