Telecom Firms Failing to Block Violating Films: Penalties

When may blocking of access to infringing films be removed?

An enterprise with a telecommunications network may only remove the measure blocking access to infringing films after the violations have been handled as required by the competent state authority on cinematography of the Ministry of Culture, Sports and Tourism (Article 17 of Decree 131/2022/ND-CP).

Responsibilities of enterprises with telecommunications networks

Under Article 17 of Decree 131/2022/ND-CP, organizations and enterprises with telecommunications networks must:

• Immediately implement measures to block access to infringing films upon detecting films disseminated in cyberspace with content violating the law or affecting national security, at the request of the competent state authority on cinematography;
• Deploy necessary technical measures to block access to infringing films, completing no later than 03 hours from receipt of the request;
• For content infringing copyright or related rights: implement in accordance with the law on copyright and related rights.

What is the penalty for failing to block access to infringing films?

Under Clause 7, Article 10 of Decree 38/2021/ND-CP (as amended by Clause 4, Article 1 of Decree 128/2022/ND-CP), violations of regulations on film dissemination — including failure to implement measures blocking access to infringing films at the request of the competent authority — are subject to administrative penalties with fines under the framework prescribed in this clause, and may also be subject to remedial measures as prescribed.

Telecommunications enterprises need to establish a process for receiving and handling requests of the competent state authority within the 03-hour time limit, and preserve dossiers and evidence of the implementation of blocking measures for working with functional authorities when needed.

Notes on Applying Current Legal Regulations

This article belongs to the Corporate & M&A Knowledge series and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing dossiers or carrying out transactions.

Legal regulations may change over time, by locality, dossier type, and specific circumstances. If you need to determine the exact legal basis applicable to your dossier, please contact an ANT Legal lawyer at 0966.475.966 for verification and advice before proceeding.

Common Risks to Watch Out For

• Deploying blocking measures more than 03 hours after receiving the request.
• Removing blocking on one’s own initiative while the violation has not been handled as required by the competent authority.
• Failing to keep dossiers and evidence of the implementation of blocking measures.
• Signing, filing, or carrying out transactions without fully assessing legal risks.

How Can ANT Legal Help?

ANT Legal helps review your specific situation, check dossiers, determine the applicable legal basis, advise on handling plans, and represent clients in dealings with individuals, organizations, or competent authorities when necessary.

For quick advice, please contact our lawyers at 0966.475.966.

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