Công văn 3835/BTTTT-PTTH&TTDT

To: Departments of Information and Communications of provinces

In recent times, it has become more prevalent for news aggregator websites to operate in a manner similar to that of websites of news agencies, which brings about public disapproval and hinders state management of this area. To be specific:

- Many news aggregator websites deliberately blur the line between themselves and online newspapers/online magazines by using words such as “Newspaper", “Magazine”, “News”, “Times”, “Online”, “Daily”, etc. on their home pages and in their domains to confuse readers.

Some news aggregator websites form a connection with the press to legalize news sources, publish their own news or intimidate enterprises into placing advertisements on their websites. Some others retain articles whose original versions have been deleted and force the bodies or enterprises mentioned therein to place new advertisements, pay money, etc. to have such articles removed.

- Some news aggregator websites take on the name of a locality and post negative information about such locality (juridical persons registering to operate in another locality);

- News aggregator websites of some news agencies publish articles in a manner similar to online newspapers, and deliver investigative news about areas unrelated to the principles and purposes of such agencies.

- Infringement of copyright and related rights. A number of news aggregator websites repost contents of other newspapers or websites without permission, which brings discontentment to the involved news agencies.

- Violations against advertising regulations, especially for medical products and functional foods; insertion of promotional contents into articles.

Despite much reprimand and rectification in weekly briefings, via documents sent to bodies and enterprises establishing news aggregator websites and Departments of Information and Communications¹, and requests for review and rectification of operation of bodies and enterprises establishing news aggregator websites, the abovementioned situation persists. Among that, the group with the most violations in operation of news aggregator websites and complicated circumstance comprises the enterprises providing news aggregator websites and news aggregator websites of a number of news agencies.

To rectify the aforesaid violations, follow the direction of the Central Propaganda Commission stated in the Notice No. 422-TB/BTGTW dated October 11, 2019 and Plan No. 336A/KH-BTTTT dated September 03, 2019 by the Ministry of Information and Communications on implementation of a number of press and publishing tasks; improve state management, promptly and strictly prevent news aggregator websites from operate in a manner similar to that of newspapers, the Ministry of Information and Communications hereby requests Departments of Information and Communications to urgently implement the following solutions:

1. From November 01, 2019, suspend issuance of license to establish news aggregator website for news agencies and enterprises to review, rectify and handle news aggregator websites which have committed violations and amend existing regulations of laws according to the current state of management (the Ministry of Information and Communications is advising the Government on formulation of a Decree amending the Government’s Decrees No. 72/2013/ND-CP dated July 15, 2013 and No. 72/2013/ND-CP management use internet services online information">27/2018/ND-CP dated March 01, 2018 on management, provision and use of internet services and online information).

2. Request Departments of Information and Communications to review and enumerate the licensed news aggregator websites. If a running news aggregator website has confusing words such as "Newspaper", "Magazine", “News", "Times", "Online", "Daily", etc. in its name or domain, request the body or enterprise owning the website to change such name or domain as appropriate. Departments of Information and Communications shall report their remedial plans for such situation to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information) for supervision.

3. Request news aggregator websites to include the links to the original articles at the end of their reposted articles.

4. Request news aggregator websites to make written agreements with news agencies regarding permission to cite the articles of such agencies (verbal agreements are not accepted). Such agreements must be submitted to licensing authorities before November 15, 2019. After such deadline, any news aggregator website that cites news from a source without a written agreement on such citation shall be strictly handled as regulated.

5. Departments of Information and Communications shall neither grant license to news aggregator websites containing the domain of another province nor permit news aggregator websites of their provinces to compile information about another province. For licensed news aggregator websites that have committed violations against regulations of this Article, the enterprises owning such websites must have their licenses amended as appropriate.

6. Increasingly review and rectify operation of bodies and enterprises establishing news aggregator websites that have premises in their provinces; strictly handle violations according to regulations of laws, especially acts that go against the principles, purposes and contents stated in granted licenses, operation of news aggregator websites in the form of online newspapers, provision of lurid and sensational news, copyright infringement and violations against regulations of intellectual property laws.

During the implementation of these solutions, any difficulty arising should be reported to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information) for guidance.

Sincerely./.

¹ (The Official Dispatch No. 816/PTTH&TTDT dated June 24, 2016 and Official Dispatch No.1357/PTTH&TTDT dated October 24, 2016 by the Authority of Broadcasting and Electronic Information; especially the Official Dispatch No. 4064/BTTTT-PTTH&TTDT dated November 8, 2017 by the Ministry of Information and Communications)