One of the new features of the 2022 Law on Cinematography is clearly specifying the subjects that can disseminate films online, and setting conditions for the activity.

The government has promulgated two decrees that guide the implementation of the law. Decree 128 that amends and supplements some articles in Decree 38/2021 on administration fines in the fields of culture and advertisement has been replaced by Decree 129. The other newly released legal document is Decree 131.

Taking effect on January 1, 2023, Decree 131 specifically defines 15 kinds of content of the new Law on Cinematography, including conditions for classifying films for dissemination in cyberspace.

In addition to specifying three conditions, the decree also stipulates procedures that producers must do to ask for eligibility to classify films online.

Meanwhile, Decree 128 taking effect on February 15, 2023 mentions punishments for violations in film dissemination online.

Violations of the regulations are subject to fines of VND20-100 million. 

A fine of VND20-40 million is applied to those who do not submit the lists of films to be disseminated and the result of film classification to the Ministry of Culture, Sports and Tourism (MCST) before disseminating films.

A fine of VND60-80 million is applied to those who do not deploy technical solutions and join competent state management agencies to remove and prevent films in violation.

The highest fine, VND 80-100 million, will be applied to the following acts: 1/failing to ensure one of the conditions for film classification as required; 2/not applying necessary technical measures and not guiding parents or guardians of children so they can be sure that children watch the films at the right age, and so that service users can report about  films in violation 3/not preventing access to films in violation as per the request of state competent agencies 4/not removing films in violation under Article 9 of the Law on Cinematography and other laws as per written requests by competent agencies.

In addition to the fines, the violator must remove films from cyberspace.

In October 2022, the government issued Decree 71 that amends and supplements some articles of Decree 06/2016 on the management, provision and use of broadcasting services. 

Taking effect on January 1, 2023, the decree ensures the management method is in line with trends in the world and speeds up the development of the pay-TV market.

Van Anh