Thông tư 09/2017/TT-BTTTT

CIRCULAR

ON CONTENT RATIO, BROADCASTING TIME AND BROADCASTING PERIOD INTENDED FOR CHILDREN AND WARNING OF CONTENTS NOT SUITABLE FOR CHILDREN IN BROADCASTING NEWSPAPERS, PRINTED NEWSPAPERS, ONLINE NEWSPAPERS AND PUBLICATIONS

Pursuant to the Law on Children dated April 5, 2016;

Pursuant to the Law on Journalism dated April 5, 2016;

Pursuant to the Law on Publishing dated November 20, 2012;

Pursuant to the Government's Decree No. 56/2017/ND-CP dated May 9, 2017 on guidelines for the Law on Children;

Pursuant to the Government's Decree No. 17/2017/ND-CP dated February 17, 2017 on functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of Director of Department of Radio and Television and Electronic Information;

Minister of Information Technology And Communications promulgates a Circular on content ratio, broadcasting time and period intended for children and warning of contents not suitable for children in broadcasting newspapers, printed newspapers, online newspapers and publications,

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provide guidelines for Clause 2 Article 6 of the Law on Children on content ratio, broadcasting time and period intended for children and warning of contents not suitable for children in broadcasting newspapers, printed newspapers, online newspapers and publications.

Article 2. Regulated entities

This Circular applies to news agencies; publishers and importers of publications; and governing bodies of news agencies and publishers; Departments of Information and Communications of provinces and central-affiliated cities (hereinafter referred to as provinces); and relevant entities.

Article 3. Interpretation of terms

1. Contents intended for children refers to contents to be produced, published, broadcasted, or released for readers or audiences being children;

2. Contents not suitable for children refer to contents not suitable for the age, maturity level, needs and capacity of the children, and the risk of adverse impact on cognitive and psychological development of children.

Article 4. Preferred contents to be produced, published, broadcasted, or released

1. Preferred contents to be produced, published, broadcasted, or released include:

a) Laws and policies on children rights;

b) Discovery, learning, exchange of knowledge, recreation, and entertainment intended for children;

c) Prevention and awareness of factors and acts likely to harm, abuse, hurt, or exploit children;

d) Guidelines for life skills, self-protection skills, and safety skills for children;

dd) Sex education, health, and nutrition;

e) Other contents as per the law.

2. In annual action month for child rights, subjects and themes on children shall be preferred, focusing on exercising children rights; matters relating to exercising children rights and fulfilling children obligations; topics and messages in the action month for child rights.

Chapter II

REGULATIONS ON CONTENT RATIO, BROADCASTING TIME AND PERIOD IN BROADCASTING NEWSPAPERS

Article 5. Radio channels, television channels stated in operation license for radio or television broadcasting of providers of broadcasting journalism

1. News about children:

a) Scheduled duration: at least 60 seconds per broadcast;

b) New broadcast frequency: At least 1 time per day in annual action month for child rights. For other times of the year, provide appropriate contents depending on certain events.

c) Broadcasting time: Included in daily newscasts.

2. Education programs:

a) Scheduled duration: at least 05 seconds per broadcast;

b) New broadcast frequency: At least 2 new broadcasts per month. In the annual action month for child rights, the new broadcast frequency will increase to at least 4 new broadcasts per month.

c) Daily broadcasting time: From 6:00 to 22:00, priority is given to the time slots from 6:00 to 7:30, from 12:00 to 13:30 or from 17:30 to 19:00 in the children's section of the program channel.

3. Entertainment, music, performance, storytelling, and cartoon programs, game shows, reality television and other similar programs:

a) Scheduled duration: at least 10 seconds per broadcast;

b) New broadcast frequency: At least 1 new broadcast per week. In the annual action month for child rights, the new broadcast frequency will increase to at least 2 new broadcasts per week.

c) Daily broadcasting time: From 6:00 to 22:00, priority is given to the time slots from 18:00 to 21:00 in the children's section of the program channel.

4.  Programs, clips or trailers of child advocacy events and activities held by ministries in charge of children rights; and child advocacy messages:

a) Scheduled duration: At least 30 seconds per broadcast in case of clips, trailers or messages of child advocacy; at least 5 minutes per broadcast in case of other programs;

b) New broadcast frequency: At least 1 time per day in annual action month for child rights. For other times of the year, provide appropriate contents depending on certain events.

c) Broadcasting time: After daily newscasts; in subject or theme on children of the program channel.

5. Ratio of scheduled duration of contents intended for children or child advocacy programs to total scheduled duration of the program channel is 2% to 5% in a week.

Article 6. Other home radio and television channels

1. In case of a radio or television channel with guiding principles, purposes and beneficiaries are children or with particular contents intended for children: It shall follow the guiding principles, purposes, basic program framework, time and duration of the program channel as prescribed in the license for production of home program channels already granted by the Ministry of Information and Communication.

2. For radio and television channels not regulated by Clause 1 of this Article and Article 5 of this Circular, the number of children's news articles, programs on children which are broadcasted in each month must reach at least 1% of the total scheduled duration of each program channel in that month and in line with the guiding principles and purposes stated in the license for the production of home program channels granted by Ministry of Information and Communications.

Chapter III

CONTENT RATIO, COLUMN POSITIONS IN PRINTED NEWSPAPERS, ONLINE NEWSPAPERS

Article 7. Newspapers for children and products particularly intended for children

Conform to licenses for printed newspapers, online newspapers, publishing press publications and website of online newspapers issued by the Ministry of Information and Communication.

Article 8. Printed newspapers

1. Printed newspapers issued every day or every few days

a) Weekly, at least 5% of articles intended for children, child advocacy, and in accordance with guiding principles and purposes prescribed in the press license.

b) In annual action month for child rights or during the time of other activities for children held by ministries in charge of child rights, publish at least 1 children column on child advocacy, events and activities intended for children in conformity with guiding principles and purposes as prescribed in the press license.

2. Other printed newspapers not regulated in Clause 1 of this Article

a) Monthly, publish at least 1% of articles intended for children, child advocacy, and in accordance with guiding principles and purposes prescribed in the press license.

b) In annual action month for child rights or during the time of other activities for children held by ministries in charge of child rights, publish at least 2% of articles intended for children, child advocacy, and in conformity with guiding principles and purposes as prescribed in the press license.

Article 9. Culture and society magazines

Quarterly, publish at least 2% of articles intended for children, child advocacy, and in accordance with guiding principles and purposes prescribed in the press license.

Article 10. Online newspapers

1. Weekly, publish at least 5% of articles intended for children, child advocacy, and in accordance with guiding principles and purposes prescribed in the press license.

2. In annual action month for child rights or during the time of other activities for children held by ministries in charge of child rights, weekly publish at least 10% of articles intended for children, child advocacy, and in conformity with guiding principles and purposes as prescribed in the press license.

Article 11. Column positions in printed newspapers and online newspapers

Contents intended for children and child advocacy is preferentially published in a noticeable and evident column for children.

Chapter IV

PUBLICATIONS INTENDED FOR CHILDREN

Article 12. Requirements for contents in publications intended for children

1. Publications intended for children (excluding textbooks) are required to clarify readers at page 4 and page with the book name according to the following ages:

a) suitable for children aged under 6;

b) suitable for children aged from 6 to under 11;

c) suitable for children aged from 11 to under 16;

d) If the publication intended for children has classification of ages different from that prescribed in Points a, b, and c of this Clause, the specific ages shall be specified.

2. Publications intended for children published in Vietnam by foreign languages or bilingual, publications’ name and information prescribed in Clause 1 of this Article shall be published in Vietnamese.

Article 13. Requirements for contents of publications intended for children written by Vietnamese writers

Publications intended for children written by Vietnamese writers are required to both comply with regulation on publishing and meet the following requirements:

1. Accuracy of history, sovereignty, and territorial integrity;

2. Promotion of the patriotism, national pride;

3. Nourishing the soul, beautiful dignity, healthy body;

4. In conformity with fine customs of Vietnam;

5. In conformity with the level of maturity, needs, and capacity of children.

Article 14. Requirements for contents of publications intended for children written by foreign writers

Publications intended for children written by foreign authors, which are translated and published in Vietnam or imported and distributed in Vietnam, apart from complying with the laws of Vietnam on publishing, must meet requirements pertaining to contents, images is suitable for fine habits, customs, maturity levels, needs and abilities of children and the political, cultural and social conditions of Vietnam.

Chapter V

MANDATORY REQUIREMENTS FOR PUBLISHING OR BROADCASTING CHILD INFORMATION AND WARNING OF CONTENTS NOT SUITABLE FOR CHILDREN

Article 15. Mandatory requirements for posting, broadcasting, and publishing of news, articles and programs related to children

1. For printed, broadcasting, and online newspapers

a) When information about misconduct or illegal cases in which the child is a victim or involved, it must obscure or cover the child's face and ensure to protect confidential information of children under the provisions of Article 33 of the Government's Decree No. 56/2017/ND-CP of May 9, 2017 on guidelines for the Law on Children;

b) When utilizing children, images of children as characters, illustrations in programs reflecting misconduct cases and law violations:  For children aged under 7, the consent of parents or guardians prescribed in accordance with applicable law is required; for children aged 7 or older, the consent of the child and of the parents or guardian in accordance with applicable law is required.

2. For publications

When using children's pictures to illustrate the publication:  For children aged under 7, the consent of parents or guardians prescribed in accordance with applicable law is required; for children aged 7 or older, the consent of the child and of the parents or guardian in accordance with applicable law is required.

Article 16. Warning of contents not suitable for children

1. Press agencies and publishers shall give warning of contents not suitable for children on programs of radio or television channels; printed newspapers, online newspapers and publications.

2. The warning must be made by one of the methods or a combination of methods appropriate to each type of press or publication, including but not limited to: sounds, images, writing, and symbol.

3. For radio and/or television broadcast, the warning of content must be displayed instantly before the program is broadcasted.

4. For the printed press, the warning must be displayed closely to the top or bottom of the article name or at the column post.  For online newspapers, the warning must be displayed instantly after the reader selects the news, articles and before the readers read the whole news content.

5. Any warning on radio, television, printed and online newspapers must be short, clear, easy to understand, easy to remember and recognizable and show at least one of the following warnings:

a) Not suitable for children, with careful consideration.

b) Suitable for children, with guidance of parents or adults.

c) Programs, films may contain sensitive images and scenes, with guidance of parents.

d) Not suitable for children under 6; not suitable for children from 6 to under 11; not suitable for children from 11 to under 16.

6. For publications for children with contents on sex education; fight against violence or child abuse, the phrase "“Cha mẹ, người lớn cần hướng dẫn trẻ em đọc” (Parental or adult guidance recommended) must be shown at the title page or at the cover 4.

Chapter VI

IMPLEMENTATION

Article 17. Responsibilities of the press agencies, publishers and importers of publications

1. For press agencies:

a) Publish and distribute press products in compliance with the provisions of the Press Law and the provisions of this Circular;

b) Prioritize the publication and distribution of Vietnamese press products for children and press products of children authors;

c) Attach special importance to the editorial content of journalistic products suitable with physiological psychology of each age group.

2. For publishers and importers of publications

a) Publish and import publications for children in compliance with the provisions of the Law on Publication and the provisions of this Circular;

b) Prioritize the publication of works and documents by Vietnamese authors and children authors;

c) Attach special importance to the editorial content of psychophysical publications of each age.

Article 18. Responsibilities of the managing agencies of the press and publishing

Direct the press agencies and publishers to strictly observe the guiding principles and purposes; programs, plans, content intended for children, child advocacy in accordance with the provisions of this Circular.

Article 19. Responsibilities of Departments of Information and Communications of provinces

1. examine, inspect and report to the superior managing agencies on the implementation of the contents prescribed in this Circular for press agencies and publishing units in their respective localities.

2. Coordinate with the Department of Labor, War Invalids and Social Affairs in monitoring and inspecting information contents intended for children, child advocacy on radio, television and printed media, online newspapers and publications, and briefings, press conferences related to children to provide information about children to the local press.

Article 20. Responsibilities of units affiliated to the Ministry of Information and Communication

1. The Press Department shall have to manage, inspect and supervise the observance of the provisions of this Circular by printed and online press agencies.

2. The Department of Radio, Television and Electronic Information is responsible for managing, inspecting and supervising the implementation of the provisions of this Circular by radio, television, radio and television stations and organization of radio and television activities.

3. Department of Publishing, Printing and Release shall manage, inspect, and supervise implementation of this Circular by publishers and importers of publications.

Article 21. Implementation

This Circular comes into force as of October 1, 2017.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for consideration./.