Strictly comply with regulations on advertising on electronic newspapers

Decree 38/2021/ND-CP dated March 29, 2021 of the Government regulating the sanctioning of administrative violations in the field of culture and advertising (Decree 38) takes effect from June 1, 2021. After its promulgation, Decree 38 received the attention of the public, including the press and media agencies, about a number of regulations on sanctioning administrative violations on advertising on electronic newspapers. Specifically, Clause 2, Article 38 stipulates: A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: a) It is not designed so that readers can actively turn on or off the advertisement. in a fixed area; b) The waiting time to turn on or off the advertisement not in a fixed area exceeds 1.5 seconds; c) Design and arrange the advertising part mixed with the news and article content.
Decree 38/2021/ND-CP dated March 29, 2021 of the Government regulating the sanctioning of administrative violations in the field of culture and advertising (Decree 38) takes effect from June 1, 2021. After its promulgation, Decree 38 received the attention of the public, including the press and media agencies, about a number of regulations on sanctioning administrative violations on advertising on electronic newspapers. Specifically, Clause 2, Article 38 stipulates: A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: a) It is not designed so that readers can actively turn on or off the advertisement. in a fixed area; b) The waiting time to turn on or off the advertisement not in a fixed area exceeds 1.5 seconds; c) Design and arrange the advertising part mixed with the news and article content.

Some online newspapers and media agencies think that the regulation of the time to turn on and off ads not in a fixed area of ​​the online newspaper within 1.5 seconds is too fast, which will affect the advertising effectiveness. , reducing revenue, affecting the press economy and the development of electronic newspapers in the context of digital technology, especially when newspapers and businesses are facing many difficulties in financial autonomy due to the epidemic. like nowadays. Meanwhile, cross-border social networks and digital platforms are occupying an overwhelming market share in the advertising field such as Google, Facebook or Youtube… due to a simpler and more convenient mechanism than electronic newspapers because they are not regulated. by this provision. Therefore, it will inadvertently push the same ad units to redirect to cross-border ad networks. It should be affirmed that the activities of posting and broadcasting advertisements in the press must comply with the provisions of the Press Law and the provisions of the law on advertising. The purpose of Decree 38 is to protect readers and viewers from the current state of rampant and difficult-to-control advertising on electronic newspapers. Decree 38 does not restrict advertising activities of electronic newspapers, but stipulates that advertising needs to meet two requirements of viewers: One is that there is a key to turn it off (on), second, if there is an operation to turn it off (on), must respond immediately within 1.5 seconds, avoiding the case that readers have to watch ads that are forced, inhibiting, unable to fully and continuously receive information sources. This content is specified in Clause 1, Article 23 of the Law on Advertising 2012; and the sanctioning of violations is also available in Clause 3, Article 55, Decree No. 158/2013/ND-CP of the Government on sanctioning of administrative violations in the fields of culture, sports, tourism and advertising . It can be seen that the regulations on handling of violations mentioned above are not new to Decree 38, but have been implemented since 2013. Objects, acts and sanctioning levels in the two decrees are the same and suitable. accordance with the provisions of the Law on Advertising. Thus, the implementation of Decree 38 in the current context will not affect the revenue of electronic newspapers. Newspapers in general and electronic newspapers in particular are essential information channels, operating under the Press Law. For each type of press, there are separate regulations on advertising. Social networking platforms, Youtube channels, etc. have different operational purposes and interactive objects, so it is not possible to rigidly apply regulations on advertising on social networks like newspapers. However, in the trend of digital transformation of newspapers, electronic newspapers are dominating thanks to the popularity of the internet and mobile devices. Advertising on electronic newspapers is effective due to its fast and wide coverage. Activities of digital media are also changing day by day. Therefore, the Ministry of Culture, Sports and Tourism needs to coordinate with the Ministry of Information and Communications in researching, amending and supplementing the contents of advertising activities in the press, coordinating with relevant ministries and branches to regulate the advertising activities in the press. adjust and complete the legal framework for advertising activities in accordance with reality; suitable to the needs, psychology and tastes of modern readers as well as complying with the law, cultural and ethical standards of society. That necessary adjustment will also contribute to promoting fair and legal business activities of enterprises as well as healthy economic activities of press agencies. It is known that the Ministry of Information and Communications will review the provisions of Decree 38, including the content of advertising on social networks and cross-border digital platforms, inspect, check and promptly handle the time of violations of the law on advertising, propose amendments in line with the current development trend, creating fairness in press and communication activities.