If an enterprise with a telecommunications network does not prevent access to infringing films as requested by competent authorities, what will be the penalties?

When will businesses with telecommunications networks only remove the blocking of access to infringing movies at the request of a competent authority?

Pursuant to Article 17 of Decree 131/2022/ND-CP stipulating the responsibilities of organizations and enterprises with telecommunications networks as follows:

Responsibilities of organizations and businesses with telecommunications networks

Organizations and businesses with telecommunications networks must ensure the implementation of the following obligations:

1. In case a popular film is discovered in cyberspace with content that violates the law and affects Vietnam’s national security, the competent state authority in charge of cinema of the Ministry of Culture, Sports and Tourism has the right to request organizations and businesses with telecommunications networks to immediately take measures to prevent access to films that violate the law. Prevention measures will only be removed after violations have been handled at the request of competent state agencies.

2. Implement necessary technical measures to prevent access to films that violate the law at the request of the competent state authority in charge of cinema of the Ministry of Culture, Sports and Tourism. Completion time is no later than 03 hours from receipt of request.

3. The content of infringing films related to copyright and related rights infringement shall comply with the provisions of law on copyright and related rights.

Thus, businesses with telecommunications networks will only remove the blocking of access to infringing films at the request of the competent state authority on cinema of the Ministry of Culture, Sports and Tourism when the violations have been handled at the request of the competent state authority.

How will businesses with telecommunications networks not block access to infringing movies as requested by competent authorities be punished?

Pursuant to Clause 7, Article 10 of Decree 38/2021/ND-CP amended by Clause 4, Article 1 of Decree 128/2022/ND-CP violates regulations on film dissemination as follows:

Violating regulations on film dissemination

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7. Fine for one of the following violations of film dissemination on cyberspace:

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e) From 80,000,000 VND to 100,000,000 VND for failure to remove films violating the provisions of Article 9 of the Cinema Law and other relevant legal provisions upon written request of a competent state authority rights;

g) From 80,000,000 VND to 100,000,000 VND for failure to prevent access to infringing films at the request of a competent state authority according to regulations.

8. Remedial measures:

a) Forced public announcement on mass media of the suspension of film dissemination for the acts specified in point b, clause 1 of this Article;

b) Forced to return to the competent authority that issued the film classification license for the acts specified in point a in case the license has been issued and the acts specified in point b, clause 3 This Article;

c) Force the return of illegal profits obtained from performing the acts specified in Point a, Clause 1, Point d, Clause 4 of this Article;

d) Force the removal of movies on cyberspace for the acts specified in Clause 7 of this Article.

Note: according to the provisions of Clause 7 2 Article 5 Decree 38/2021/ND-CP amended by Clause 2 Article 1 Decree 128/2022/ND-CP stipulates the level of fines and authority to impose fines on individuals and organizations as follows:

Regulations on fine levels and authority to impose fines on individuals and organizations

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2. The fine levels specified in Chapter II and Chapter III of this Decree are the fine levels applicable to individuals, except for the cases specified in Clauses 2, 5, 6 and 7, Article 10; Clauses 4, 5, 6 and 7, Article 10a; Point a Clause 2, Clauses 3, 5 and 6, Points a, b, c and d Clause 7 Article 14; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 23; Clause 1, Article 24; Articles 30, 38, 39 and 40 of this Decree are the fines applicable to organizations.

Therefore, the above fine is the fine for the organization.

Thus, in case an enterprise with a telecommunications network does not prevent access to infringing movies at the request of a competent authority, may be fined from 80,000,000 VND to 100,000,000 VND.

At the same time, force the removal of movies on cyberspace for the above violations.

Does an enterprise with a telecommunications network belong to a telecommunications enterprise?

Pursuant to Clause 23, Article 3 of the 2009 Telecommunications Law, a telecommunications enterprise is an enterprise established under Vietnamese law and licensed to conduct telecommunications services.

Telecommunications businesses include service providers with network infrastructure and service providers without network infrastructure.

Thus, enterprises with telecommunications networks belong to telecommunications enterprises according to regulations.

A telecommunications network is a collection of telecommunications equipment linked together by transmission lines to provide telecommunications services and telecommunications application services.