CIRCULAR

GUIDANCE ON PRINCIPLES OF EDITING, RATING AND WARNING ABOUT SPORTS AND ENTERTAINMENT VIDEO/AUDIO-ON-DEMAND CONTENTS ON RADIO AND TELEVISION SERVICES

Pursuant to the Press Law dated April 05, 2016;

Pursuant to Government’s Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and utilization of radio and television services.

Pursuant to Government’s Decree No. 71/2022/ND-CP dated October 01, 2022 on amendments to some Articles of Government’s Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and utilization of radio and television services;

Pursuant to Government’s Decree No. 48/2022/ND-CP dated July 26, 2022 on functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Upon the request of the Director of Authority of Broadcasting and Electronic Information;

The Minister of Information and Communications promulgates Circular on guidance on principles of editing, rating and warning about sports and entertainment video/audio-on-demand contents on radio and television services.

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1. Scope:

This Circular provides guidance on principles of editing, rating and warning about sports and entertainment video/audio-on-demand contents (hereinafter referred to as "media-on-demand contents") according to regulations in Point c Clause 1 Article 20a of Government’s Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and utilization of radio and television services, amended by Clause 11 Article 1 of Decree No. 71/2022/ND-CP dated October 01, 2022 on amendments to some Articles of Government’s Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and utilization of radio and television services.

2. Regulated entities:

This Circular applies to agencies, organizations and enterprises (hereinafter referred to as “units”) engaged in editing and provision of media-on-demand contents; state management agencies in charge of radio and television, and agencies and organizations involved in provision of radio and television services.

Article 2. Editing media-on-demand contents

1. General principles

a) Follow guidelines of the Communist Party and law policies of the State;

b) Remove all contents violating the press law and other laws; controversial issues and issues that have not yet been recognized by Vietnamese law from a program;

c) Protect children and other vulnerable audiences from inappropriate or potentially harmful contents;

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dd) Remove a program in case when the program is edited, it is discovered that in the program, at an event venue, at a sports and entertainment venue, there are images and activities that violate the law, are contrary to Vietnamese fine customs and traditions or contain sensitive political factors.

2. Regarding recorded broadcasts

Edit the broadcasts (including text, files, images and sound) according to regulations in Clause 1 of this Article.

3. Regarding live broadcasts

a) Regarding live broadcasts edited by producing entities: carry out edit according to regulations in Clause 1 of this Article; carry out edit from the script writing to the production before the live broadcasts take place, and directly monitor and edit the contents throughout the broadcasts.

b) Regarding broadcasts for which the copyright is purchased domestically or from other countries: carry out edit according to regulations in Clause 1 of this Article; review the contents according to broadcast programming, scripts or program contents provided by the partners before the live broadcasts take place, and directly monitor and edit the contents throughout the broadcasts.

4. Regarding sports and entertainment programs containing contents related to health, education, and online video games: carry out edit according to regulations in Clause 1 of this Article and relevant laws.

Article 3. Rating media-on-demand contents

1. If the media-on-demand contents are about extreme sports, combat sports or martial arts that are violent and dangerous, editing units shall apply rating label and clearly state program ratings according to the ratings specified in Clause 4 of this Article;

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a) Program rating shall be based on the manner of expression; specific situations and contexts; interactivity; frequency; duration; level of detail of images, sound, lighting, and dialogue; and the level of impact on audiences, in which the importance of the context and the level of impact on audiences are priority factors in program rating;

b) A program can be rated at a lower level when:

- Its content is depicted verbally rather than visually (with regard to TV programs and audiovisual programs)

- The images and words of the program have little impact;

c) A program can be rated at a more stringent level when its content:

- Contains more details, including close-ups and slow motion;

- Uses highlighting techniques such as lighting, perspective, and resolution;

- Uses special effects such as light, sound, noise, resolution, color, image size, characteristics, and tones;

- Is realistic instead of stylized;

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d) A program that is in the middle of the given ratings may be rated at a lower level if it has a way of handling the situation and the situation-handling result conveying an educational and humane message, praising moral and social values, and having positive impacts on audiences.

3. Program rating criteria

a) Theme and content;

b) Violence;

c) Nudity and sex;

d) Drugs, stimulants and addictive substances;

dd) Horror;

e) Vulgar language, images and sound;

g) Dangerous and easily imitable behavior.

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Program ratings determined according to the rating criteria defined in Article 3 herein are arranged in ascending order as follows:

a) P rated: Eligible for dissemination to viewers of all ages;

b) K rated: Eligible for dissemination to audiences under 13 years old, provided that they are with their parents or guardians;

c) T13 rated (13+): Eligible for dissemination to audiences from 13 years old or older;

d) T16 rated (16+): Eligible for dissemination to audiences from 16 years old or older;

dd) T18 rated (18+): Eligible for dissemination to audiences from 18 years old or older;

e) C rated: Prohibited from dissemination.

5. C rated: Prohibited from provision on services.

6. List of program ratings is provided for in Appendix issued together with this Circular.

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1. Regarding programs rated from K to T18: Warnings shall be displayed;

2. Regarding entertainment programs that are reality TV shows; art performances; TV talent contests; exhibitions of risky and dangerous acts, with the risk of causing injury; or fictional TV shows, shows based on real-life events; sports programs in extreme sports, combat sports, and martial arts with violent or/and dangerous nature: A warning text shall appear at least three seconds before the time of the acts or contents subject to the warning, and the text shall be displayed throughout the acts so that viewers do not imitate and follow the acts in these programs.

Article 5. Display of ratings and warnings in media-on-demand contents

1. Display of program ratings

a) The rating shall be displayed clearly and prominently in the program introduction/display folder on the device’s screen interface so that the audience can make a decision to listen to or watch the program provided on the service.

b) Regarding TV programs and audiovisual programs: the rating shall continuously appear in the upper left or right corner of the screen during the program broadcast, ensuring that it does not overlap with the service icons or other icons.

c) Regarding radio programs and audio-only programs: There is no need to display the rating during the program broadcast.

2. Display of warnings

a) Warnings shall be displayed immediately at the start of the broadcast and during the broadcast of the program by using one or more appropriate methods, including but not limited to verbal or written warnings.

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A written or verbal warning shall be displayed/played at least three seconds after the start of the broadcast and the warning text shall be displayed at least one more time during the broadcast for programs with a duration of less than 30 minutes or at least two more times for programs with a duration of 30 minutes or more.

The display position of the warning text is right below the rating icon of the programs according to regulations in point b Clause 1 of this Article; at the bottom of the screen of the device during the broadcast for the programs specified in Clause 2, Article 4 of this Circular, ensuring that it does not overlap with the service icons or other icons;

c) Regarding radio programs and audio-only programs: a verbal warning shall be played immediately at the start of the broadcast.

Article 6. Managing media-on-demand contents which have been edited, rated and had warnings attached

1. Radio and television service providers shall display ratings and warnings on programs as prescribed in Clause 1, Article 3 and Clause 1, Article 4 of this Circular.

2. Radio and television service providers shall compile dossiers on editing, rating and warning according to regulations of Point d, Clause 3, Article 21 of Government's Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and use of radio and television services, amended by Point b, Clause 12, Article 1 of Government's Decree No. 71/2022/ND-CP dated October 01, 2022 on amendments to some Articles of Decree No. 06/2016/ND-CP.

3. Radio and television service providers shall manage contents by technical and technological measures to fulfil the following requirements:

a) Controlling contents which have been edited, rated and had warnings attached on playout servers and managing audiences according to a mechanism in which the audiences must log their personal information before they listen or watch the programs; permitting audiences to control the access right by establishing the right to restrict listening and viewing according to their needs;

b) Fully archiving programs provided on the archive device system within 30 days in order to serve inspection by competent authorities;

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Article 7. Implementation

1. The Authority of Broadcasting and Electronic Information, according to its functions, tasks and powers, shall take charge and cooperate with relevant agencies and units in, providing guidance and inspecting the nationwide implementation of this Circular.

2. Units, according to the principles specified in this Circular and the Appendix issued together with this Circular, shall develop and provide the Guidance Table for editing and rating or the Rules for editing and rating for application at such units.

Article 8. Entry into force

1. This Circular comes into force from August 15, 2023.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Information and Communications (via the Authority of Broadcasting and Electronic Information) via for consideration.

MINISTER




Nguyen Manh Hung

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APPENDIX

LIST OF PROGRAM RATINGS
(Enclosed with the Circular No. 06/2023/TT-BTTTT dated June 30, 2023 of the Minister of Information and Communications of Vietnam)

I. Definitions:

For the purposes of this Appendix, the terms used herein shall be construed as follows:

1. “depiction" means the use of language, images, sound, light or some other ways to make listeners or viewers imagine the meaning of the content to be expressed.

2. “mild depiction" means a depiction that is fleeting and not explicit, features minor details and has a minimal or below-acceptable level of impact on listeners or viewers.

3. “moderate depiction” means a depiction that features some details and has an acceptable level of impact on listeners or viewers.

4. “strong depiction” means a detailed and explicit depiction that has an above-acceptable level of impact on listeners or viewers.

5. “excessive depiction” means a strong depiction, especially in terms of nature, frequency and duration, that has impact beyond the reasonable limits or unacceptable to listeners or viewers.

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7. “frequent occurrence” means the repeated and continuous appearance or presence of similar images, sounds, lights and language ​​in a specified or unspecified period of time.

8. “detailed depiction” means a clear, explicit, and close-up depiction of characters, contexts, and actions in a program, including specific scenes, close-ups, images that are in slow motion, retarded or repeated.

9. “lengthened duration” means the length of time that images, language, sounds, and lights are depicted longer than normal.

10. “level of impact on listeners or viewers” means the degree to which listeners' or viewers’ thoughts, perceptions and actions are changed positively or negatively, unconsciously or consciously.

11. “imitation of a program’s actions” means the act of following, imitating, or copying behaviors, words, or gestures of a character in a program, either consciously or unconsciously.

II. Program ratings:

No.

Rating and rating symbol

Factor description

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Eligible for dissemination to listeners or viewers of all ages

Symbol: P

a) Theme and content

The program to be rated is of an educational or entertaining nature, or encourages moral values and positive social relations.

b) Violence

- Images, sounds, or language showing the scenes of threatening, intimidating or beating another person do not occur;

- Depictions of sexual violence are not allowed.

c) Nudity and sex

d) Drugs, stimulants and addictive substances

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dd) Horror

Images, sounds, or language of horror are not allowed.

e) Vulgar images, sounds and language (including subtitles)

Obscene or vulgar images, sounds or language are not allowed.

g) Dangerous and easily imitable behaviors

Images, sounds or language that encourage or incite imitation such as the use of drugs, stimulants or addictive substances, suicide, violence, use of weapon or other dangerous tools which may cause wounds, or other illegal acts are not allowed.

2.

Eligible for dissemination to listeners or viewers under 13 years old, provided that they are with their parents or guardians

Symbol: K

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- The same as those of P rated programs;

- Mild depictions of contents that require guidance of parents or guardians are allowed, provided the depiction has minimal impact on listeners or viewers, and must be justified by context.

b) Violence

- Mild depictions without detail of images, sounds, or language showing violence are allowed if the depiction is infrequent, has a slight level of impact on listeners or viewers, and must be justified by the theme and contents of the program to be rated;

- Depiction of sexual violence is not allowed.

c) Nudity and sex

- The same as those of P rated programs;

d) Drugs, stimulants and addictive substances

Images, sounds, or language showing the use of drugs, stimulants or addictive substances, may be accepted if they serve the purposes of condemning, opposing those behaviors, or are associated with clear educational purposes and messages; are depicted in an implied and tactful manner, and justified by the contents of the program to be rated.

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Mild depictions without detail and frequent occurrence of horror images, sounds, or language are allowed if the depiction does not last for a prolonged duration, has little impact and does not inflict a sense of threat on listeners or viewers. The result of such images, sounds, or language should make listeners or viewers feel reassured and relieved.

e) Vulgar images, sounds and language (including subtitles)

Mild depictions without frequent occurrence of vulgar images, sounds, or language may be accepted, if they are justified by the theme and contents of the program to be rated, such as using slang, or ways of handling situations in a humorous manner.

g) Dangerous and easily imitable behaviors

Images, sounds or language that encourage or incite imitation such as the use of drugs, suicide, violence, use of weapon or other dangerous tools which may cause wounds, or other illegal acts are not allowed, except if such images, sounds or language are justified by the contents of the program to be rated, associated with clear educational messages, depicted in an implied and tactful manner without deep exploration.

3.

Eligible for dissemination to listeners or viewers from 13 years old or older

Symbol: T13

a) Theme and content

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- For programs containing action or horror contents or child abuse themes, the mild depictions without detail, frequent occurrence and deep exploration may be accepted if the program contains clear educational messages.

b) Violence

- Mild depictions without detail and frequent occurrence of images, sounds, or language showing violence are allowed if the depiction has a slight level of impact on listeners or viewers, and must be justified by the theme and contents of the program to be rated;

- None of images, sounds, or language giving the detailed depiction of acts of causing painful wounds or injuries to or killing a person, animal or pet is accepted;

- Depiction of sexual violence is not allowed.

c) Nudity and sex

- The same as those of P rated programs;

d) Drugs, stimulants and addictive substances

Mild depictions without detail and frequent occurrence of images, sounds, or language showing the use of drugs, stimulants or addictive substances, may be accepted if they serve the purposes of condemning, opposing those behaviors, or are associated with clear educational purposes and messages, and must be justified by the theme and contents of the program to be rated.

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Moderate depictions without detail and frequent occurrence of horror images, sounds, and language are allowed if the depiction only inflicts a slight sense of threat on listeners or viewers. The result of such images, sounds, or language should make listeners or viewers feel reassured and relieved.

e) Vulgar images, sounds and language (including subtitles)

The same as those of K rated programs.

g) Dangerous and easily imitable behaviors

- The same as those of K rated programs;

- Detailed depiction of any potentially dangerous behavior that listeners or viewers aged 13 or over can imitate is not accepted, except if that behavior is demonstrated in a safe or humorous manner;

- Detailed depictions of easily accessible weapons, such as cutlery, sharp objects, or objects easily causing injuries or wounds, are not accepted. The program to be rated does not contain images showing anti-social behaviors that listeners or viewers aged 13 or over can copy or imitate.

4.

Eligible for dissemination to listeners or viewers from 16 years old or older

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a) Theme and content

- The program mentions several adult matters, such as political, social, psychological, and criminal ones, provided that they are suitable for the perception, psychological, and physiological state of viewers aged 16 or over;

- For programs containing action or horror contents or child abuse themes, moderate depictions without detail, frequent occurrence and deep exploration may be accepted if the program contains clear educational messages;

- Mild depictions without lasting for the prolonged duration of themes, such as self-harm, life-threatening for objective reasons or suicide, are allowed but should be presented indirectly and must be justified by contents of the program to be rated.

b) Violence

- Mild depictions without frequent occurrence and lasting for the prolonged duration of images, sounds, or language showing violence are allowed if the depiction does not distress and only has a medium level of impact on listeners or viewers, except if such images, sounds, or language are justified by contents of the program to be rated;

- Implied depictions of sexual violence scenes are allowed as long as they are mild depictions and justified by contents of the program to be rated.

c) Nudity and sex

- The same as those of P rated programs;

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d) Drugs, stimulants and addictive substances

- Images, sounds, or language associated with drugs, stimulants or addictive substances (if any) may be accepted if justified by contents of the program to be rated but their detailed depictions, frequent occurrence and prolonged duration are not allowed; In general, the program to be rated is not allowed to promote, provide detailed instructions about, or encourage the use of drugs, stimulants or addictive substances;

- None of images, sounds, or language showing the abuse of highly dangerous and easily accessible substances, such as solvents and acids, is accepted.

dd) Horror

- Strong depictions, without lasting for prolonged duration and deep exploration of threats of violence, of horror images, sounds, or language are allowed;

- The program causes depression or a sense of threat for listeners or viewers at a medium level.

e) Vulgar images, sounds and language (including subtitles)

- Moderate depictions without frequent occurrence of vulgar images, sounds, or language are allowed if they are justified by contents of the program to be rated;

- Villains in the program to be rated may use some swear or slang words if they are not meant to hurt any individuals and community. Use of language intended for sexual harassment or abuse is not allowed.

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Mild depictions without detail and frequent occurrence of images, sounds, or language that encourage or incite the imitation of actions in the program, such as drug use, suicide, violence, weapon use or other illegal acts, may be accepted if they have a slight level of impact on listeners or viewers. The result of such images, sounds or language must deliver the message of condemnation and opposition of these wrongful acts.

5.

Eligible for dissemination to listeners or viewers from 18 years old or older

Symbol: T18

a) Theme and content

- Strong and detailed depictions without prolonged duration and frequent occurrence of adult matters are allowed if they are justified by contents of the program to be rated;

- For programs containing action or horror contents or child abuse themes, strong and detailed depictions that have a strong level of impact on listeners or viewers, without frequent occurrence and prolonged duration, may be accepted if the program contains clear educational messages;

- Moderate depictions, with deep exploration but without prolonged duration and frequent occurrence, which have a medium level of impact on listeners or viewers, of sensitive themes or contents, or political, cultural, social or economic matters may be accepted.

b) Violence

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- Implied depictions of sexual violence scenes are allowed as long as they are moderate depictions and justified by contents of the program to be rated. The result of such images, sounds or language must deliver the message of condemnation and opposition of these wrongful acts.

c) Nudity and sex

- Depictions without prolonged duration of images showing the nudity of upper body back may be accepted if they do not include close-ups or specific scenes of genitalia, and are justified by contents of the program to be rated; Overuse of nude images or use of images causing sexual incitement are not allowed;

- Use of images, sounds, or language explicitly showing or giving detailed depictions of sexual activities is not allowed.

d) Drugs, stimulants and addictive substances

- The same as those of T16 rated programs;

- Use of images, sounds, or language ​​showing the trading, production, and possession of drugs or addictive substances is not allowed, except in the case of condemning, criticizing these wrongdoings, and lead to the consequence that characters performing these acts must be punished or eliminated.

dd) Horror

Strong depictions, with a constant sense of treat but without prolonged duration, of horrible, terrifying, frightening or fearful images, sounds or language are allowed if they do not have an excessive level of psychological and emotional impact on listeners or viewers.

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- Depictions of vulgar images, sounds or language may be stronger than those of T16 rated programs but must not hurt any individuals and community. Use of language of sexual harassment or abuse is not allowed;

- For programs of social realism theme, the frequent occurrence without prolonged duration of vulgar images, sounds, or language may be accepted if justified by contents of the program to be rated.

g) Dangerous and easily imitable behaviors

- Since the program to be rated contains dangerous or easily imitable images, sounds, or language, or the way of handling the situation that leads listeners or viewers to exposure to the risk of being harmed, or causes social harms through their behaviors, the result must be radically handled, and convey educational and preventive messages;

- Depictions without detail and frequent occurrence of images, sounds, and language representing easily imitable behaviors are allowed if they have a medium level of impact on listeners or viewers.

6.

Prohibited from dissemination

Symbol: C

- Strictly prohibited contents and acts as defined in the Press Law on and relevant laws;

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