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MINISTRY OF EDUCATION HO CHI MINH NATIONAL AND TRAINING ACADEMY OF POLITICS ACADEMY OF JOURANLISM AND COMMUNICATION NGUYEN THI HANG THU ONLINE NEWSPAPERS EXERCISING RIGHT TO FREEDOM OF SPEECH OF THE VIETNAMESE CITIZENS TODAY MAJOR: JOURNALISM CODE : 32 01 01 SUMMARY OF THE PD THESIS IN JOURNALISM HANOI, 2022 Works are completed in ACADEMY OF JOURNALISM AND COMMUNICATION HO CHI MINH NATIONAL ACADEMY OF POLITICS The scientific guidance: Assoc Prof Dr Do Thi Thu Hang REVIEWER 1: ASSOC PROF DR DINH VAN HUONG REVIEWER 2: ASSOC PROF DR MAI QUYNH NAM REVIEWER 2: DR NGUYEN TUAN PHONG The thesis was defended in the thesis put Council of State, meeting at Academy of Journalism and Communication- Hanoi At last now on months in 2022 Thesis can be found at: National Library, the Library of Academy of Journalism and Communication(Ho Chi Minh National Academy of Politics) SUMMARY OF DOCTORAL THESIS IN JOURNALISM INTRODUCTION Rationale 1.1 Theoretical terms Firstly, in terms of language, the Right to Freedom of Speech is a combination of words, including right/freedom/speech In reality, Right to Freedom of Speech is interpreted not only in its literal meaning, but is also a diverse and complex social phenomenon with natural meanings and legal meanings; one of the "freedoms" of human rights and also known as "rights of rights" because Right to Freedom of Speech serves as an important means to protect other rights Right to Freedom of Speech is also historical because people have to struggle through centuries to achieve it Therefore, each democratic country has its own approach to Right to Freedom of Speech In Western-European countries from the 17th century, democratic states were born with the affirmation of Right to Freedom of Speech in their Constitution This is the best way for citizens and the press to enjoy Right to Freedom of Speech on an equal basis However, the way Right to Freedom of Speech is practiced and how much ‘freedom’ Right to Freedom of Speech has are matters of controversy In regard to this topic, there is a school of thought that believes Right to Freedom of Speech is a natural right, because when a person was born they knew how to speak, so no one has the right to deprive or prevent him from speaking, including the State Another school says that that Right to Freedom of Speech is an artificial right (Legal Rights to be precise) stated in national and international and laws, so the practice of Right to Freedom of Speech has to comply with the provisions of the law The Universal Declaration of Human Rights (UDHR) in 1948 also recognizes: everyone has Right to Freedom of Expression; however, Article 29, Paragraph 2, also stipulates that, when exercising individual freedoms, everyone must comply with the limits set by law [27, HCM National Academy of Polictics , legal documents, p 34] Thus, Right to Freedom of Speech is meaningful in terms of theoretical perception and is an open problem with many approaches In Vietnam, the issue of Right to Freedom of Speech in press is still an open gap and needs to be studied systematically, methodically and carefully, in order to reach a scientific conclusion Reliable study of the subject, which can serve as a theoretical basis for the thesis, is extremely necessary, because only by understanding Right to Freedom of Speech can we evaluate fairly and accurately how the press exercise the people’s Right to Freedom of Speech – whether they can satisfy the needs of Right to Freedom of Speech of the people in press Secondly, in the history of press theory research around the world and in Vietnam, PhD students have shown that the press is a means of social communication with a mass nature because the press was born due to the need to communicate between people and society [see: 8,19,74,75] Judging by the frame of reference between the sender and the receiver in the communication cycle, if there are no people to enjoy the press, participate in the debate, and exchange opinions on the reported issues, there is no need for the press Ever since the press was born in the 17th century, Western-European society has considered the press a kind of "soft power" (not force and not money), because of its ability to influence people (persuading, attracting, stimulating people to discuss), in order to change their perception and behavior Since 1947, the American Commission on Press Freedom named after Robert Maynard Hutchins has given the press an important task: To serve as a forum for public opinion, and this task is second only to the task of reporting the objective truth “The mass media must see themselves as common messengers for public debates” [202, Bill Kovach, Elements of the Press, p.235] When the press becomes a forum for people's speech, the press will create public opinion, which can make an impact on society However, whether the press can literally be a means of social cohesion, serving as a broad and democratic "public forum" for the people to participate in the "agenda" of the country depends on many factors (such as politics, economy, culture, education, science and technology, free press, etc.), of which the most basic factor is the nature of the political institution the press "works" in So, what theoretical basis must the press be based on to truly be a "public forum" for the people to speak their own voice? How far have the world's and Vietnam's research projects been researched? What gaps still need to be researched? This is an open question that needs to be researched to find a satisfactory answer 1.2 Practical terms Firstly, as of December 24, 2021, the whole country has 816 press agencies, of which, there are 29 independent online newspapers and magazines and most of the press agencies have an Electronic Department [111] With the preeminent features of hypertext and multimedia, online newspapers clearly show their advantages compared to other types of newspapers in exercising citizens' right to freedom of expression However, how does the online newspaper exercise citizens' freedom of expression, properly or not according to the law, what results have been achieved and what limitations still need to be overcome? How far have citizens exercised their right to freedom of expression through participating directly or indirectly in the communication process of online newspapers? Through studying the existing documents, the author of the thesis found that this is still an open gap, it is necessary to have a survey and study on the actual situation of online newspapers in exercising their right to freedom of expression Today's citizens, based on the results of such research, can propose appropriate solutions to promote online newspapers to better exercise citizens' freedom of expression in the coming time Secondly, in recent years, taking advantage of the power of the media, especially the Internet and social networks, some hostile forces at home and abroad have launched the allegation that Vietnamese citizens cannot exercise their right to freedom of expression in the press, in order to destroy our country and put pressure on economic and diplomatic relations between Vietnam and other countries.Imperceptibly, the press exercising the freedom of speech of Vietnamese citizens has become a "politically sensitive" issue not only domestically, but also internationally To affirm that Vietnamese citizens are completely free to speak in the press in a way that is properly and fully aware of the right to and not to in national and international law, it is very necessary to study theory and practice In this regard, it must be affirmed that the press to exercise the right to freedom of expression of citizens must be based on the peculiarities of the social structure, culture and political institutions, the legal basis of each country, nation, cannot be unprincipled and cannot have a common denominator for all nations in the world Determining that the issues mentioned above are all topical and there are gaps to be researched, PhD student chose “Online newspapers exercising Right to Freedom of Speech of the Vietnamese citizens today” as a research topic for my thesis Aims and objectives 2.1 Aims of the thesis The thesis clarifies and initially builds a theoretical framework for online newspapers implementing citizens’ Right to Freedom of Speech; analyzes and evaluates the success and limitations of the status of online newspapers in implementing Right to Freedom of Speech of citizens in the context of information technology development and current conflicting views From that, the thesis proposes suitable solutions to promote online newspapers to better implement citizens’ Right to Freedom of Speech in the coming time 2.2 Objectives of the thesis To achieve the research purpose of the thesis, the PhD student identified the following main research tasks: - Clarify issues about citizens' Right to Freedom of Speech, in order to have a scientific basis and premise to study the issue of online newspapers to implement citizen's Right to Freedom of Speech - Clarify and initially build a theoretical framework for online newspapers to implement citizens’ Right to Freedom of Speech, determine content criteria for studying the current situation of online newspapers implementing citizens’ Right to Freedom of Speech - Analy and evaluate the success and limitations of the current situation of online newspapers in implementing Right to Freedom of Speech of citizens through the case studies of vnexpress.net, vnn.vn, nhadan.com.vn, dantri.com.vn, and tuoitre.vn from 2015 to 2019 and continue to the present - Propose appropriate solutions to promote online newspapers to better perform citizens’ Right to Freedom of Speech in the coming time Subjects and scope of study 3.1 Subject of study The research object of the thesis is: Online newspaper exercising the Right to Freedom of Speech of Vietnamese citizens today The research object of the thesis is: Vietnamese citizens – subjects of Right to Freedom of Speech – those who have been implementing their Right to Freedom of Expression in the Vietnamese press 3.2 Research scope - Scope of research space: The thesis limits the scope of research space on the basis of cases where online newspapers are licensed as mainstream newspapers, such as: vnexpress.net, vnn.vn, nhandan.com.vn, dantri.com.vn, tuoitre.vn and some other online newspapers The reason for choosing these online newspapers for research: These are online newspapers with a huge number of daily visitors, the popularity is in the top 10 in Vietnam according to Alexa's assessment (Social media, such as: information website, or weblog, Social network, are not within the scope of the thesis research, only used for reference research) - Scope of case study time: The thesis will conduct main research and survey from 2015 to 2019, for the following reasons: (i) This time coincides with the time when the author of the thesis studies and works on the thesis; (ii) The survey started in 2015, because this is the preparation time for the 12th National Party Congress in 2016, so from 2015 to 2019 is almost a full period of implementation of the Resolution of the 12th National Party Congress and preparing for the 13th National Party Congress in 2021, while the follow-up survey to date (2021) is to ensure continuity of the topicality of the research material However, in order for the research issue to have a continuation of historical logic, the thesis also generalizes and reviews the actual situation of the Vietnamese press in exercising the right to freedom of speech of citizens before 2015 from 1945 to 2014) Research hypothesis 4.1 Research hypothesis Hypothesis No 1: Online newspapers implement citizens’ Right to Freedom of Speech as one of their functions, by using methods such as: providing comprehensive and objective information; providing convenient technical tools and means for citizens to directly or indirectly participate in the communication process, exploiting citizens' speech to produce journalistic works; participate directly or indirectly in the settlement of complaints and denunciations of citizens Online newspapers carry out these works to satisfy the needs of citizens to enjoy Right to Freedom of Speech in the press, with three rights: "right to know", "right to speak", and "right to complain and denounce." Hypothesis No 2: The results and quality of online newspapers implementing Right to Freedom of Speech of citizens depend on four factors: (i) the most decisive factor is the professional and ethical capacity of the organizers and managers of the newspaper as well as journalists themselves If they have good professional qualities, they will often evoke in each journalistic work a "topical" issue at the right time, attracting the public's speech; otherwise online newspapers will make errors and limitations when implementing citizens’ Right to Freedom of Speech; (ii) citizens Right to Freedom of Speech subjects - have a high level of cultural and legal consciousness, and are interested in and participate in solving social problems through the press; otherwise, online newspapers will find it difficult to implement citizens’ Right to Freedom of Expression (iii) the legal basis for online newspapers to implement Right to Freedom of Expression is complete and serve as a platform for them to continue implementing citizens' Right to Freedom of Speech The Party and Government have always considered online newspapers their "partners for dialogue", so there have been decisions to increase their democracy and transparency, in line with the development of the press (iv) the development of technology In addition, there are other auxiliary factors, such as: history, culture, and national psychology Hypothesis No 3: The press’s implementation of is a reflection of the democratic nature of the socialist rule of law state, the free nature of the proletarian press 4.2 Research frame Marxist-Leninist theory, Ho Chi Minh's thought, the Party's views, Government’s policies and laws on online newspaper exercise the right to freedom of speech of Vietnamese citizens Provide outstanding, specific information in large quantities, creating a premise for citizens to speak up Transparent, in-depth information on "hot spots" to guide citizens' speech Online newspaper vnexpress.net - vnn.vn -nhandan.com.vn - dantri.com.vn - tuoitre.vn Current situation online newspapers exercise the right to freedom of speech of Vietnamese citizens Online newspapers exercise citizens' "right to freedom of information in the press" Online newspapers act as a forum for citizens to exercise "freedom of speech in the press" Online newspapers exercise the citizen's "right to freely complain and denounce in the press" Disseminate guidelines, policies and laws to guide citizens to comment Reflecting the spirit of "pho chinh diet ta" of citizens in news articles against views, wrong and hostile views Publication of citizen journalism on the Readers page Post citizen's speech on Feedback Box Organize an online forum for citizens to participate in discussions Receive information and speech of citizens through the address of the Newsroom and Email, hotline numbers Exploiting and using "legitimate speech" of citizens in journalistic works Directly receive, process, settle and publish in the newspaper the results of complaints and denunciations Acting as a bridge to receive and transfer the application to the competent authorities - publish the results in the newspaper Political, economic, cultural, social, technical and technological environment Evaluati on of success, limitatio ns and problem s posed Solutions to promote online newspap ers to better exercise citizens' freedom of speech in the coming time Theoretical background and research method 5.1 Theoretical background In order to study online newspapers to implement citizen's Right to Freedom of Speech, the thesis uses the dialectical materialism methodology of Marxism Leninism, Ho Chi Minh's idea, the views of the Party and the policies and laws of the State on citizen’s Right to Freedom of Speech; the role of the press in the implementation of citizen’s Right to Freedom of Speech and the basis of the proletarian press theory on the functions and operating principles of the press The thesis is also based on the theoretical basis of interdisciplinary sciences such as: philosophy, politics, jurisprudence, linguistics, psychology, sociology, journalism, etc 5.2 Research method Based on the basis of logical and dialectical thinking methods, the thesis uses both traditional and modern research methods of the social sciences and humanities to study online newspapers to exercise citizen’s right to freedom of language, such as: Methods of document research; Content analysis method; Integrated approach; The case study method At the same time, the thesis also uses the Sociological Survey Method to study the current situation of online newspapers in exercising the right to freedom of speech of Vietnamese citizens, including two methods: (i) Social investigation Quantitative learning by Anket interview method: for citizens in three cities: Hanoi, Da Nang, City Ho Chi Minh An Anket sample (Citizens Opinion Ballot) with the distribution of 900 votes (100%) Number of votes collected: 821/900 (reaching 91.22%) Information processing using Excel 2013 software and SPSS 23.0 quantitative statistical software; (ii) Qualitative sociological investigation by in-depth interview method (expert interview): This method is conducted both directly and indirectly via phone or email, with some questions expected in advance determined according to the research content Thanks to the help of many colleagues, the thesis author conducted 14 indepth interviews Specifically: with leaders and managers of press agencies; with leaders at the level of Head, Deputy Head of Department of Professional Affairs and Committee of Readers, Representative Office; with journalists working at press agencies in the country and 01 scientific expert Processing results of in-depth interviews with qualitative data processing software Nvivo 8.0 However, in order to minimize the size of the thesis, the thesis author only extracts the necessary results, without putting all the results in the thesis appendix Contribution of the thesis - Through the review of foreign and Vietnamese documents, the author of the thesis observed that, up to the time of registration of the thesis topic, there were almost no research works that mentioned the problem Online newspapers exercise the freedom of speech of Vietnamese citizens Therefore, this is the first scientific work at the level of Doctoral Thesis majoring in Journalism in Vietnam to conduct specialized, in-depth, interdisciplinary research on Online Journalism in the exercise of the Right to Freedom of Vietnamese citizens today Choosing this issue for research is a new contribution to the system of scientific topics that have been researched in Vietnam, not overlapping with existing research works - From the research, analysis and interpretation of the subject's research object to come up with instrumental concepts from their own point of view, such as: online newspapers/exercising/freedom of speech/rights freedom of expression in the press/citizens, the thesis initially builds a theoretical framework for online journalism to exercise citizens' freedom of expression, so that it can generalize the nature of the research problem On the basis of a theoretical framework (in which, national and international legal bases are two important factors), the thesis has established specific and measurable criteria to study the current state of online journalism exercise citizens' right to freedom of expression - The thesis has briefly studied a number of practical models of the press exercising the freedom of speech of citizens in the world and the reality in Vietnam before 2015, from which to draw out the specific features of the Vietnamese press exercises citizens' right to freedom of expression according to the country's development process - The results of research, analysis, comparison and assessment of the current status of online newspapers in exercising the right to freedom of expression of Vietnamese citizens are completely new and authentic evidences; The scientific conclusions on success, limitations and causes of success and limitations of the situation are completely new, synthesized and generalized from the results of current practical research - The solutions to promote online newspapers to better exercise the freedom of expression of Vietnamese citizens in the future proposed and published in the thesis by the author of the thesis are of completely new scientific value, the research content has never been published in any other author's work not refer to the issue of online newspapers exercising the citizen's right to freedom of expression PhD students can absorb and inherit the extremely valuable scientific values of previous research works during the thesis implementation 2.2 Issues The thesis needs further research and clarification - In theory Firstly, the existing research works have not studied the issue of online newspapers exercising the right to freedom of speech of Vietnamese citizens today, therefore, the topic of the thesis is completely new, not identical or iterative with existing works, it is necessary to study Secondly, the existing research works have not clarified the instrumental concepts: online newspaper/implementation/Freedom of speech/Freedom of speech in the press/citizens, therefore, the thesis needs further research and clarification: (i) Research and clearly define instrumental concepts; (ii) Initially building a theoretical framework for online journalism to exercise citizens' freedom of expression (theoretical basis, research theories, national and international legal framework); (iii) From the theoretical framework, establish criteria for studying the status of online newspapers in exercising the citizen's right to freedom of expression - In practice Firstly, in the existing research works, there has not been any research to evaluate the press practice in exercising the freedom of speech of citizens in the world and in Vietnam before the beginning of this thesis research Therefore, the PhD student must research and clarify this practice This is the premise for the following studies to follow systematically Secondly, in the existing research works, there has not been any research to evaluate and evaluate the implementation of the freedom of speech of Vietnamese citizens today, therefore, PhD students need to investigate survey and study the actual situation of online newspapers in exercising the right to freedom of speech of Vietnamese citizens (by means of corroboration through typical events surveyed on a number of cases of online newspapers), from which assess the successes and limitations of the current situation of online newspapers in exercising the right to freedom of expression of Vietnamese citizens Thirdly, the existing research has not mentioned what are the problems facing online newspapers today and no solutions have been proposed to promote better 11 performance of online newspapers about freedom of speech of Vietnamese citizens in the coming time Therefore, the thesis needs to study the problems posed for today's online newspapers and propose appropriate solutions to promote online newspapers to better implement the citizen's right to freedom of expression Overview Sub-conclusion: The above assessments have shown that: (i) Although there have been many researches related to Right to Freedom of Speech, journalism, online newspapers, and citizens; however, there are still many gaps that need to be studied systematically (ii) Up to the time the PhD student conducted the thesis, there has not been any systematic and in-depth research on the issue of online newspapers implementing Right to Freedom of Speech of the Vietnamese citizen's press today It can be affirmed that the the PhD student’s topic is completely new, not overlapping with other existing researches, and is necessary to study CHAPTER 1: THEORETICAL BASIS AND PRACTICE OF ONLINE NEWSPAPER IMPLEMENTATION OF CITIZEN'S RIGHT TO FREEDOM OF FREEDOM OF SPEECH 1.1 Thoretical basis 1.1.1 Basis concepts Research, clarify and establish five new tool concepts: online newspaper/Implementation/Freedom of speech/Freedom of speech in the press/Citizen - an important "key" to ensure the correct understanding and correct implementation of the issue of online newspaper research to exercise the freedom of expression of Vietnamese citizens Online newspaper: An online newspaper is a type of "digital" journalism, which transmits information with a purpose in the form of hypertext and integrated multimedia, online two-way communication, licensed by the government to produce and publish on the global internet Freedom of Speech: Right to Freedom of Speech is the right of citizens to freely receive and publish information, opinions, complaints, and denunciations about any matter under the forms of oral and writing, or by other means, on any type of press, in accordance with the provisions of law and social conventions Freedom of Speech in the press: Freedom of Speech in the press is the right of citizens to freely receive information, publish opinions, opinions, complain and 12 denounce any issue, in any form, in any form of press, in accordance with the provisions of law and social conventions Implementation: Implementation is the act of online newspapers realizing citizen' Right to Freedom of Speech in the press with specific professional activities, in accordance with the law and professional ethics Citizen: A citizen is a person who has a nationality, lives freely and equally in the territory of a democratic country, and has rights and obligations as prescribed by the Constitution and laws of that country 1.1.2 Research Theory: Online newspapers exercise citizens' Right to Freedom of Speech * Marxist-Leninist Theory, Ho Chi Minh Ideology and the views of the Party and State of the Socialist Republic of Vietnam on the role of the press as a forum for free speech of the people Through the study of documents, it can be confirmed that the views of Marx Lenin - Ho Chi Minh and those of the Party and State of the Socialist Republic of Vietnam are relatively consistent: the proletarian press must uphold it’s dual role: not only a mere means of information, but must be the ideological tool of the Communist Party and the Socialist Democratic State, the "forum of free speech" of the people This is the core ideology - the "guideline" throughout the analysis, evaluation and proposal of the PhD student in the entire thesis * Approaching research theories Theory of Communication; Theory of Press Functions; The Gatekeeper Theory; Agenda Setting Theory; Spiral silent theory These theories will be the main flow of theory, throughout and illuminating all aspects of the research problem 1.1.3 Legal framework for online newspapers to exercise citizens' Right to Freedom of Speech * International Legal Framework The content of Right to Freedom of Speech is mainly regulated in two important international legal instruments of the United Nations: the Universal Declaration of Human Rights (UDHR) in 1948 and the International Covenant on Civil and Political Rights (ICCPR) in 1966 From the provisions of these international legal documents, each United Nations member state adjusts itself according to its own specific conditions and situations, but other member states has no right to interfere These 13 documents state: Everyone has Right to Freedom of Speech.has the following basic contents: The "allowed to or demand" content in Right to Freedom of Speech includes three basic "rights": (i) the right to speak, write down one’s views and information (ii) the right to seek information or thoughts; (iii) the right to receive information and ideas The "not allowed to or demand" content in Right to Freedom of Speech: Right to Freedom of Speech is in the group of non-absolute rights, which can be limited or suspended according to international and national restrictions Anyone who conducts Right to Freedom of E Speech must comply with these regulations Anyone who violates the provisions of the law must be held accountable before the law * Legal framework of Viet Nam: Approach from two angles: - Vietnamese law provides for the right to freedom of speech of Vietnamese citizens Since 1992, the State of Vietnam has become a party to the 1966 International Covenant on Civil and Political Rights, on that basis, the State has the responsibility to protect, respect and promote the Right to Freedom expression through legislative, executive, and judicial measures and has the right to make regulations restricting the right to freedom of expression in accordance with the United Nations' regulations but in accordance with the conditions and laws of Vietnam The citizen's right to freedom of speech is always supplemented with new content, so that citizens can fully enjoy this right Synthesized from laws, such as: Constitutional Law 2013, Law on Press 2016, Law on Access to Information 2016, Law on Complaints 2011, Law on Denunciations 2011, Citizens' right to freedom of expression is protected regulation: - The “allowed to or demand” content consists of three basic “rights”: (i) the right to “acquire” information from the press; (ii) the right to “speak” in the press; (iii) the right to “complain and denounce” in the press - The “not allowed to or demand” content in Right to Freedom of Speech: Right to Freedom of Speech is in the group of restricted rights Because of that, in the process of exercising this right, it may be restricted, or temporarily suspended in necessary situations, such as: protecting national security, ensuring the safety of the community, protecting the health or morals of the community, and protecting the legitimate rights and freedoms of others 14 - Vietnamese law provides for online newspapers to exercise citizens' Right to Freedom of Speech + Acts of online journalism are allowed and required: online newspapers exercise the right to freedom of expression of citizens in accordance with press functions and tasks, as prescribed by law, such as the Constitution 2013 in Article 25, Article 28, Article 30, Clause 1; Press Law 2016 in Article 4, Clause 2, Section a and Section c; Article 11, Clause 1, Clause 2, Clause 3; Article 12, Clause 1, Clause 2; Law on Access to Information 2016 in Article 4, Clause 1; Article 5; Article 9, Clause 1; Article 10; Article 20; Article 22; Law on Complaints 2011 in Article 5, Clause 1, Clause 2; Law on Denunciations 2011 in Article 6, Article 11, Article 18, Article 20 + The “not allowed to or demand” content: Online newspapers conduct Right to Freedom of Speech of citizens strictly according to the limits of behavior specified in Article 9, including Clauses of the Press Law 2016 1.1.4 Developing criteria for studying the actual situation of online newspapers in exercising the Right to Freedom of Speech of citizens Foundation for building criteria - Theoretical basis: Based on the theoretical basis and theoretical framework of * the research problem, the function of the press, operating principles and ethical conventions of journalism, combined with the provisions of the law on journalism Citizens' right to freedom of speech, on the task of online journalism, the right to freedom of speech of citizens must be exercised - Practical basis: Based on the actual situation of online newspapers in exercising the right to freedom of expression in the press of Vietnamese citizens from 2015 to 2019, lasting up to now, through various operating methods of online newspapers, according to the provisions of law and in the political, economic, cultural and social environment of Vietnam * Developing criteria to research and evaluate the current status of online newspapers in exercising the Right to Freedom of Speech of Vietnamese citizens today * Criterion 1: online newspapers provide truthful information about the situation of the country and the world in order to stimulate citizens' speech (the online newspapers exercise the "right to freely know information from the press" of the people) 15 * Criterion 2: The online newspaper acts as a forum for citizens to free speech (the online newspaper exercises the citizen's "right to freedom of speech in the press"), by specific professional methods * Criterion 3: : Online newspapers receive and process complaints and denunciations from citizens (e-newspapers exercise the citizen's right to freely complain and denounce in the press) : by two methods: (i) online newspapers directly handle complaints and denunciations of citizens, publish results in newspapers; (ii) An online newspaper is a bridge to receive applications, transfer them to competent authorities for handling, and publish results when available 1.2 The practice of the press in exercising Right to Freedom of Speech of citizens in some countries around the world and in Vietnam before 2015 1.2.1 Some models of the world: The thesis introduces a model of the press to exercise the freedom of speech of citizens of the two largest democratic countries in the world but are quite different in nature: The United States of America is a bourgeois democracy, and China is a socialist democracy 1.2.2 Reality of Vietnamese press in exercising citizens' Right to Freedom of Speech before 2015: Since the 6th Congress of the Party (Renovation Congress), the press has made a fundamental breakthrough in the exercise of the right to freedom, starting from 31 articles "Nhung viec can lam ngay" by author N.V.L and getting better and better since the internet From this practical study, the PhD student draws the conclusion that, despite the differences in political nature, the press of all countries in the world, when exercising the citizen's right to freedom of speech, must comply with the law and social conventions Chapter Sub-conclusion On the basis of research and inheritance from different sources, the PhD student has built a theoretical framework for online newspapers to implement citizen’s Right to Freedom of Speech, and established criteria for studying the current situation of online newspapers implementing citizen’s Right to Freedom of Speech Based on this theoretical framework, the PhD student will conduct research, analyze and evaluate the current situation of online newspapers implementing Right to Freedom of Speech of Vietnamese citizens today 16 CHAPTER 2: THE CURRENT SITUATION OF ONLINE NEWSPAPER IMPLEMENTATING CITIZEN’S RIGHT TO FREEDOMS OF SPEECH OF VIETNAM TODAY 2.1 Summary of studied online newspaper cases Including: vnexpress.net, vnn.vn, nhadan.com.vn, dantri.com.vn, tuoitre.vn, and survey results on the correlation of citizens' access to these online newspaper cases from 2015 to 2019 2.2 Research results on the current situation of online newspapers in exercising the right to freedom of speech of Vietnamese citizens today 2.2.1 Online newspapers provide truthful information on national and international situations to stimulate citizens' speech (e-newspapers exercise citizens' "right to know information from the press") * Online newspapers provide outstanding and specific information in large quantities, creating a premise for citizens to speak Online newspapers provide transparent and in-depth information on pressing "hot spots" in society, in order to orient citizens' speech in accordance with the law * The online newspaper disseminates the Party's line, the government's policies and laws for citizens to comment, and helps the Party and Government to adjust, supplement and perfect the guidelines and policies * The online newspaper reflects the people's patriotic spirit of "supporting the government to destroy evil" in the struggle against wrong and hostile views * 2.2.2 E-newspapers act as a "forum" for citizens to have freedom of speech * Online newspapers publish on the page “Ban doc” news - articles made by citizens * Online newspapers receive and publish citizens' speeches through the "Feedback Box" under each press work Online newspaper organizes an online forum on "hot" topics for citizens to participate in discussions * Online newspapers receive information and speech of citizens through the * address of the Newsroom, E-mail address, and hotline numbers * Online newspapers exploit and use "legitimate speech" of citizens in journalistic works 17 2.2.3 Online newspapers receive and process complaints and denunciations from citizens (E-newspapers exercise "freedom of complaints and denunciations" in the press of citizens) * Direct method: The online newspaper receives and directly handles complaints and denunciations from citizens, and publishes the results in the newspaper * Indirect method: The online newspaper is only a bridge to receive applications - letters with the content of complaints and denunciations of citizens, transferred to the relevant authorities for handling, when the results are available, they will be published in the newspaper 2.3 Assessing the current status of online newspapers in implementing Right to Freedom of Speech of Vietnamese citizens today 2.3.1 Success and causes From the research results on the actual situation of online newspapers in exercising the citizen's right to freedom of expression, the thesis has pointed out four basic successes of online newspapers and the causes of this success From that, it can be affirmed that the online newspaper has fulfilled its mission as a legal subject to exercise the citizen's right to freedom of speech, an effective bridge between citizens and the Party and Government and vice versa 2.3.2 Limited and causes Studying the current situation of online newspapers in exercising the right to freedom of speech of citizens, the thesis outlines some limitations: (i) Untrue information, useless information; (ii) Information is slower than social media, so it is difficult to attract citizens' speech; (iii) There are no sharp and high-quality articles to "orient" the people to participate in the struggle against wrong and hostile ideology; (iiii) The Board of Readers is not really professional and independent; (iiiiii) The use of speech of the common people is small and there are no positive measures to encourage citizens to speak; (iiiiii) Has not been able to anticipate intelligent artificial intelligence in journalism According to leaders and journalists in PVS, these limitations are due to two factors: human and technical [PVS 1-17] Chapter sub-conclusion Realizing the citizen's right to freedom of expression is an important task of the online newspaper Based on the results of the research on the actual situation of the online journalism work done, it can be affirmed that only citizens can decide whether they want to speak in online newspapers or not, but of course, there are no online 18 newspapers that cause difficulties or prevent citizens from implementing their right in their newspapers The online newspaper has performed well as a broad forum for citizens to freely voice their democratic and patriotic voices However, there are still certain limitations in the process of online newspapers implementing citizen’s Right to Freedom of Speech, which will have to be overcome in the near future CHAPTER 3: ISSUES AND PROPOSED SOLUTIONS TO PROMOTE ONLINE NEWSPAPERS TO BETTER IMPLEMENT CITIZENS’ RIGHT TO FREEDOM OF EXPRESSION IN THE FUTURE 3.1 Issues for online newspapers to exercise citizens' right to freedom of expression 3.1.1 From the limitations of the current state of online newspapers in exercising the right to freedom of speech, the problem of the quality of journalists is raised 3.1.2 Online newspapers often collect information slowlier compared to social networks, so it is more difficult to attract citizens to access the newspaper and its speech 3.1.3 The role of the Board of Readers has not been paid enough attention by online newspapers 3.1.4 Newspaper making technology of online newspapers in recent times has not been really modern, leading to inadequacies in the process of exercising citizens' right to freedom of expression 3.1.5 The public research has not reported enough attention online 3.2 Proposing solutions to promote the online newspaper to better exercise citizens' freedom of expression in the coming time 3.2.1 Team of solutions to build and develop high-quality human resources Improve the quality and leadership and management capacity of the head of the online newspaper agency * Building and developing a team of "multimedia journalist" quality online * journalists, on par with the region and the world 3.2.2 Solution group to improve professional quality 19 * Organize high-quality articles: exclusive, unique, in-depth, analytical, commentary, critical, diverse perspectives, right time, to overcome the "information time lag" , "invite, retain, attract speech" of citizens * Online newspapers need to actively develop a plan to coordinate activities with other press agencies to strengthen synergy and lead citizens' speech in the fight against wrong and hostile views * It is necessary to organize a dedicated Readers section in the online newspaper editorial office, which operates professionally and relatively independently Strengthen the exploitation and verification of watershed documents that are the words of ordinary people and have a regime to encourage citizens to actively participate in speech 3.2.3 Technology solution group: Regularly upgrade technical tools for * citizens to freely express themselves and participate in the creation of journalistic works 3.3 Some recommendations for the press to better exercise citizens' freedom of expression in the coming time 3.3.1 It is necessary to enhance the "rule of law" in the Party's leadership method and the government's management of the press to exercise citizens' freedom of expression 3.3.2 The state management agency in charge of the press needs to strengthen supervision (inspection, inspection, handling of violations), timely and strong enough for the press to exercise the citizen's right to freedom of expression Chapter sub-conclusion In this chapter, the thesis has raised issues raised from objective reality and from limitations in the actual situation of online newspapers in exercising the citizen's right to freedom of speech, combined with the results of in-depth interviews with journalists, a sociological survey of citizens' opinions - those who use and participate in speech on online newspapers, the PhD student proposes groups of solutions (human resources, expertise, technology), with specific solutions for the press in general, and the online newspaper in particular, and recommendations for Party and Government agencies leading and managing the press, in order to promote Online newspapers will better implement citizens' freedom of speech in the coming time CONCLUSION 20 Right to Freedom of Speech is one of the “freedoms” of people The press has the duty to satisfy the citizen's need to enjoy this right in the press However, in fact, there is always a "paradox": the information of the press must always ensure the truth - objectivity, so it must always be "supervised" closely, must be "checked" under the light of the law, but the "need for free speech" of society is "infinite" Viet Nam is a democratic country with the rule of law, the law ensures that human behavior is always right Both international law and Vietnamese law clearly state that Right to Freedom of Speech is not an unlimited one The famous US Supreme Court Justice Oliver Wendell Holmes also affirmed: "Right to Freedom of Speech does not include the freedom to shout 'fire' in a crowded theater" If not clearly recognized, Freedom of Speech will become chaotic In particular, in the context that the country is having many important political events and the anti-corruption fight is picking up steam, many hostile forces have taken advantage of "human rights", "freedom of speech", religious beliefs, etc spreading information on social media to destroy the country, denying the role of the press "as a forum for free speech" of the people Regardless of the time, it is necessary to be wary of such conspiracies, however, most importantly: the press - as an ideological tool of the Party and State, is a "forum for Freedom of Speech” of citizens, it is necessary to better implement Right to Freedom of Expression, and use it as a strong scientific evidence to refute false and hostile views Verifying the whole process of the thesis according to the stated purpose and research tasks, the thesis has achieved the following results: Firstly, the thesis has synthesized and researched a large number of research works including books, theses, theses, scientific articles, from the world and Vietnam Through this review, it can be affirmed: (i) From these works, the author of the thesis has distilled, absorbed and inherited a number of valuable scientific contents related to thesis topic; (ii) Although these works have mentioned the issue of freedom of speech and the press, however, none of these works have mentioned the issue of electronic newspapers exercising the freedom of speech of citizens Vietnam today, therefore, the topic of the thesis does not overlap with the existing research works Secondly, developing the scientific value of previous studies, illuminating in the light of Marxist-Leninist theory, Ho Chi Minh's thought, the Party and State's views on the role of the proletarian press, based on the theoretical basis of the press - media and interdisciplinary science, closely following the international and Vietnamese legal framework on freedom of expression, studying the reality of the press in exercising 21 the right to freedom of speech of the public in some countries around the world and in Vietnam before 2015, the thesis has built a theoretical framework for the problem of researching online newspapers to exercise the citizen's right to freedom of speech, establishing criteria to study the status of online newspapers in exercising citizens' right to freedom of expression From this study, the thesis author draws the following conclusion: The press to exercise citizens' freedom of speech is necessarily based on political background, legal environment, socio-cultural, and psychological background nationalities, scientific - technological bases, of the nation, cannot be unprincipled and cannot have a common denominator for all countries This is an important theoretical basis, serving as a guiding premise for future studies of similar content on freedom of expression Third, sticking to the theoretical framework and using appropriate research methods, the author of the thesis has researched, analyzed, objectively and scientifically assessed the actual situation of online newspapers in exercising the right to freedom of expression of Vietnamese citizens today, through actual research on a number of online newspaper cases from 2015 to 2019 and continuing up to now From the results of this research, the author of the thesis can come to the conclusion that all the successes and limitations of online newspapers in exercising the freedom of speech of Vietnamese citizens today are largely attributed to determined by the ethical qualities and professional competence of the organizers and managers of the online news agency and the online journalist, because no matter how sophisticated and modern machines are, they cannot be replace human journalists In addition, citizens - holders of the right to freedom of expression in the press - although today have a high level of education, have a great need for speech, have legal knowledge, and are interested in the press However, they have not completely overcome the barrier of "closed mentality" of the Vietnamese people Citizens still need to continuously learn to be "democrats" and learn to be "digital citizens" of the technology age Fourth, based on the results of research on the current situation of online newspapers in exercising the right to freedom of expression of Vietnamese citizens today; and the suggestions in in-depth interviews with leaders, press managers and journalists; scientific experts; To investigate the sociology of citizens' opinions, the thesis proposes groups of solutions with specific solutions for press agencies and recommendations for state management agencies in charge of the press, in order to promote Online newspapers better exercise citizens' right to freedom of expression in 22 the trend of expanding democracy and the country's increasingly strong international integration Conclusion: The research thesis on the topic of online newspapers exercising the freedom of speech of Vietnamese citizens today has provided valuable arguments as scientific documents on theory and practice, contributing a small part to the current theoretical treasure of media journalism The thesis is not only a scientific work of research, analysis, and proof of what the online newspaper has done and how it has achieved quality in the exercise of the citizen's right to freedom of expression, but also has practical meaning in raising the legal awareness of rights and obligations of online journalists in journalistic activities; educate and provide legal knowledge on rights and obligations to citizens in accordance with the process of national construction and development; contribute to the fight against propaganda and distorting rhetoric of those who have malice against the country, sabotage the great national unity block, and prevent our nation's revolutionary path from moving forward All the research results of this thesis are honest, the sources are clearly cited, the scientific conclusions are drawn from the current theoretical and practical research results, the solutions are proposed and published in the thesis is completely new, is generalized from the content of the research topic, has never been published in any other authors' works The research results have tested the research hypotheses: Hypothesis No 1: True The press implements citizen’s Right to Freedom of Speech not as a judicial body, but rather performs its functions and duties in accordance with the Press Law 2016, such as: information function, two-way communication function, and social monitoring function Hypothesis No 2: True Research results have demonstrated that, among many factors affecting the quality of online newspapers implementing citizen’s Right to Freedom of Speech, the professional quality and professional capacity of journalists (including leaders, reporters, editorial board, etc.), the legal consciousness and civic responsibility of citizens who participate in speech in the press are extremely important 1,766 phone calls and 139 e-mails of citizens denouncing and complaining to the press in 2019 alone, which the Press Department of the Ministry of Information and Communications had to receive via the hotline, showed that the hypothesis is 23 correct and this is a problem that needs to be overcome not only every day, but throughout the campaign and development of the press Hypothesis No 3: True By researching online newspapers during almost the entire K.XII term of the Party, one thing can be clearly seen: Never before have discussions on press forums between the people and the Government, between forces, social classes together, taken place in such a democratic, vibrant and positive atmosphere, as in the recent time It has proven that the socialist democracy of Viet Nam under the leadership of the Party is the basic foundation for citizens to exercise their rights and freedoms in the press When the press has the right political direction, the press is completely free and implements citizen Right to Freedom of Expression more effectively Thus, the above tests have proved that the research hypothesis proposed by the thesis has a scientific basis Hypothesis No.4: The research results and recommendations in the thesis will open up further research directions, such as: the press in the ASEAN region implements citizen‘s Right to Freedom of Speech; studying Right to Freedom of Speech from a religious perspective, etc Hypothesis No 5: The thesis of “Online newspapers exercising Right to Freedom of Speech of the Vietnamese citizens today” is a scientific research work of the PhD student completed under the scientific guidance of Assoc Prof Dr Do Thi Thu Hang With all my efforts and the dedicated guidance of her, the thesis has completed the set goals and tasks 24 THE LIST OF RESEARCH WORKS BY AUTHOR RELATED TO THE STUDY Nguyen Thi Hang Thu (2015), The superiority of journalistic work under the influence of digital technology, Journal of Political Theory and Communication, 7/2015 Nguyen Thi Hang Thu (2016), Modern journalist: “Dĩ bất biến, ứng vạn biến”, International Scientific Conference: " Asian Forum for Deans of Journalism and Communication", Shanghai International Studies University, China, 11-12/2016 Nguyen Thi Hang Thu (2017), The role of online newspapers in the exercise of Vietnamese citizens' right to freedom of speech in the press, Journal of Political Theory and Communication, 8/2017 Nguyen Thi Hang Thu, (2017), Member of Book: Journalism and Multimedia, (Nguyen Thi Truong Giang (Editor), Ha Noi National University Publisher, Ha Noi Nguyen Thi Hang Thu, (2017), Legal restrictions necessary to exercise freedom of Speech in the press, (Book: The Vietnamese press in the renovation period: Theoretical and practical issues, (Vietnam Journalists Association), Information and Communication Pulisher, Ha Noi Nguyen Thi Hang Thu (2018), Proper to “Freedom” in Right to Freedom of speech of citizens in press, Journal of Political Theory and Communication, 7/2018 Nguyen Thi Hang Thu, (2019), Raising awareness of Vietnamese citizens about the Right to Freedom of Speech on social networks, (Book: Social networks in the context of information development in the society in Vietnam: Theory, practice and experience (Pham Huy Ky, Do Thi Thu Hang (Editor), Lao dong Publisher, Ha Noi Nguyen Thi Hang Thu, (2019), Three trends in access to journalism, (Book: Media: Perspectives from practice , Ep.4, Do Thi Thu Hang (Editor), Lao dong Publisher, Ha Noi Nguyen Thi Hang Thu (2020), Strictly follow the principles of truthfulness and objectivity when online newspapers exercise citizens' Right to Freedom of speech, Journal of Political Theory and Communication, 11/2020 10 Nguyen Thi Hang Thu (2021), “Using "Speech Materials" in articles: The optimal way for online newspapers to exercise citizens' Right to "Freedom of speech”, Journal of Political Theory and Communication, 7/2021 ... to enjoy Right to Freedom of Speech on an equal basis However, the way Right to Freedom of Speech is practiced and how much ‘freedom’ Right to Freedom of Speech has are matters of controversy... legal documents, p 34] Thus, Right to Freedom of Speech is meaningful in terms of theoretical perception and is an open problem with many approaches In Vietnam, the issue of Right to Freedom of... press exercising the freedom of speech of Vietnamese citizens has become a "politically sensitive" issue not only domestically, but also internationally To affirm that Vietnamese citizens are completely
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