(VOVworld) – Recently, a group of people calling themselves “the Vietnamese bloggers network” disseminated a so-called “declaration 258” on the internet. They said Vietnam lacks freedom of speech and asked that the western model of freedom of speech be applied in Vietnam. Everyone knows that freedom of speech in any country has limits.
The international community has agreed on common standards of basic human rights including freedom of speech. Article 10 of the European
Convention on
Human Rights, which was adopted on September 3, 1953, states: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
But this article does not prevent countries from requiring the licensing of radio, television, or film production. The Article specifies: “The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
The European Convention on Human Rights defines general regulations on freedom of speech, in which all people are eligible to express and exchange their ideas regardless of social status, gender, or borders.
Article 258 of the Vietnamese Criminal Code defines the crime of taking advantage of freedom of speech and democracy to infringe the State’s interests or the legitimate rights and interests of organizations or individuals.
The Vietnamese legislature and law enforcement confirm the logic of the Article. If an activity does not take advantage but merely exercises freedom of speech, religion, belief, gathering or any other right of democracy, it is supported by the Vietnamese Constitution and law.
Article 258 of the Vietnamese Criminal Code is consistent with the European Convention on Human Rights and the 1966 International Convention on Civil and Political Rights. Freedom of speech is not an unlimited and unbounded right. Freedom of speech must respect other people’s rights and ensure national security, social order, and social health and morality. It’s undeniable that the legal and scientific basis of Article 258 complies with the 1966 International Convention on Civil and Political Rights and other international agreements related to freedom of speech.
Regarding the “Vietnamese bloggers network” that asks to apply the western model of freedom of speech in Vietnam, they forget that there is no completely unbounded freedom of speech, even in European countries which are considered a model of freedom of speech. French law imposes strict punishments on people who take advantage of the law to infringe the legitimate rights and interests of others. France also has several regulations to protect basic national rights such as prohibiting the publication of documents related to national security, to cases being tried, or in praise of war crimes or crimes against humanity.
Vietnam is not the only country with sanctions on activities that take advantage of freedom of speech and press to infringe the law. France, the US, Germany, South Korea, and Singapore also restrict such activities.
It’s obvious that freedom of speech in any country must have a legal framework. The exercise of the right must remain within the boundary of conventions and law agreed by the international community.
Thu Hoa