Vietnam’s government has enacted Decree 174/2026, effective July 1, 2026, imposing administrative fines of 20 million to 30 million đồng (approximately 760 to 1,140 USD) for unauthorized provision or sharing of copyrighted journalistic works on social media platforms. This new regulation has caused widespread public anxiety among millions of social media users who routinely share news content online.
The regulation aims to protect intellectual property rights and prevent unauthorized profiting from journalistic efforts, according to official statements. However, it raises critical legal and societal questions about the nature of copyright protection for daily news articles and the public’s right to access information.
Under Việt Nam’s Intellectual Property Law, Clause 1, Article 14 suggests that journalistic works may be protected as copyrighted material. Yet, Article 15 explicitly excludes “purely factual news” from copyright protection, recognizing that news based on objective events cannot be owned by any individual or organization. This principle prevents monopolization of information, such as prohibiting other outlets from reporting on an earthquake after the first report.
Internationally, the Berne Convention for the Protection of Literary and Artistic Works supports this distinction. Article 2(8) clarifies that the convention does not extend protection to news of the day or purely journalistic events. The fundamental legal concept of the idea-expression dichotomy further explains that copyright protects the unique expression of ideas—such as writing style and article structure—not the underlying facts or events.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) reinforces this standard, stating in Article 9(2) that copyright applies only to forms of expression, excluding ideas, methods, or concepts.
In response to public concern, Lê Quang Tự Do, Director of the Department of Radio, Television, and Electronic Information at the Ministry of Information and Communications, clarified in an interview with Tuổi Trẻ newspaper that sharing a link to an article does not constitute copyright infringement. However, sharing part or all of the article’s content without the editorial office’s consent may violate copyright and result in penalties.
This interpretation has sparked debate over the future role of journalism in Việt Nam. Journalism’s core mission is to disseminate information widely, ensuring access to knowledge across all demographics. By restricting sharing to links only and prohibiting copying of content—even in part—the regulation may inadvertently hinder the free flow of information and create barriers to public access.
The tension between protecting intellectual property and preserving the public’s right to information underscores the complexity of regulating digital content sharing in the modern media landscape. As Việt Nam navigates these challenges, the balance between copyright enforcement and journalistic freedom remains a critical issue for policymakers, media professionals, and the public alike.
Vietnam Imposes Up to 30 Million Đồng Fines for Unauthorized Sharing of News Content on Social Media Vietnam’s Decree 174 introduces administrative fines ranging from 20 to 30 million đồng for sharing copyrighted journalistic works without permission on social media. The regulation has ignited public concern regarding... Read the full IIPLA article: https://iipla.org/news/vietnam-imposes-up-to-30-million-ng-fines-for-unauthorized-sharing-of-news-content-on-social-media