National Assembly: Urgent need to address the origin of harmful film distribution and strengthen digital oversight
The landscape of digital content consumption in Vietnam is undergoing a paradigm shift, prompting urgent legislative discussions within the National Assembly. As the country deliberates on critical amendments to seven laws governing the cultural sector, lawmakers have signaled a departure from reactive, piecemeal content moderation toward a comprehensive, systemic approach. The core of the debate centers on the proliferation of harmful, illegal, and age-inappropriate films on the internet, which have become increasingly difficult to regulate due to the rapid advancement of generative Artificial Intelligence (AI) and decentralized distribution platforms.
The Legislative Context and Digital Challenges
During recent sideline discussions at the National Assembly, legislators emphasized that the current framework—which often relies on blocking specific URLs or domains—is increasingly obsolete. The ease with which digital content can be produced, replicated, and re-uploaded has rendered traditional "whack-a-mole" tactics ineffective.
Deputy Do Chi Nghia, a specialist from the Committee for Culture and Education, highlighted that technology has democratized film production but simultaneously lowered the barriers for the mass dissemination of harmful content. "When we block a specific domain or account, the content often reappears on a different platform, a new account, or a cross-border server within minutes," Nghia stated. The proposed legislative amendments aim to move beyond mere content removal to enforcing stricter accountability for the entities that host, distribute, and profit from these materials.
Chronology of Content Regulation in Vietnam
The regulatory environment has evolved significantly over the past decade. Initially, the 2006 Cinema Law and its subsequent 2022 revision provided the baseline for content control. However, the 2022 law faced immediate challenges as Over-the-Top (OTT) platforms and social media giants became the primary delivery vehicles for film content.
- 2022: The amended Cinema Law was enacted, requiring foreign and domestic streaming services to comply with local censorship standards, including age-rating requirements and timely removal of prohibited content.
- 2023-2024: Regulatory bodies observed a surge in AI-generated "short-form" dramas and films that skirted traditional production oversight.
- Late 2025 – Present: The National Assembly has moved to review these laws, specifically addressing the technical loopholes that allow re-uploaded, harmful content to bypass existing filters.
The Role of Artificial Intelligence and Digital Liability
The emergence of AI as a tool for content creation has created a dual-edged sword. While AI lowers production costs and democratizes creative expression, it also facilitates the automated generation of bulk content that may contain violent or morally objectionable material.
Legislators are now calling for a nuanced approach to digital liability. Deputy Trinh Xuan An, from the Committee on National Defense and Security, argued that the responsibility must be shared among all stakeholders: internet service providers (ISPs), platform operators, and the distributors themselves.
"We need to transition from simply addressing the ‘what’—the specific content—to managing the ‘how’—the risk-based architecture of these platforms," An noted. He emphasized that the current model, which puts the burden of proof and identification on the government, is unsustainable. Instead, the legal burden should shift toward the platforms to implement proactive, automated, and human-in-the-loop monitoring systems.
Supporting Data and Industry Implications
The scale of the challenge is significant. Industry analysts estimate that the volume of short-form video content uploaded to major social media platforms daily in Southeast Asia has increased by over 40% year-on-year. For regulators, this creates a data processing bottleneck.
Under the proposed amendments, platform providers would be required to:
- Directly remove content identified as violating the Cinema Law or related statutes.
- Adjust content classification or provide warnings upon request from competent authorities.
- Implement persistent metadata tagging to prevent the re-uploading of previously banned material.
Failure to comply with these requirements could result in tiered penalties, ranging from administrative fines to the suspension of digital operations within the country.
Official Responses and Multi-Agency Collaboration
Deputy Doc Hong Ha, Vice Chair of the Committee on Science, Technology, and Environment, stressed that the distinction between a "harmful" film and one that is simply "age-inappropriate" must be clearly defined. "We cannot label everything produced by AI or with a low budget as ‘harmful,’" she clarified. "However, content that explicitly violates the law—such as inciting violence, promoting illegal acts, or infringing on national sovereignty—must be treated with zero tolerance."
Ha further noted that the responsibility of platform providers is distinct from that of telecommunications firms. While ISPs provide the connection, platforms are the hosts that store, distribute, and monetize the content. Therefore, the legal framework must clarify the specific duties of each party, ensuring that platform operators cannot hide behind the "neutral conduit" defense if they derive revenue from the traffic generated by prohibited content.
Broader Impact: Balancing Innovation and Protection
The proposed regulatory changes are not intended to stifle creative expression. Both Deputies Nghia and An expressed support for the growth of the digital creative economy, provided that safety guardrails are robust.
There is a growing consensus that the government should not attempt to manage every single piece of content manually. Instead, the focus should be on:
- AI-Assisted Oversight: Leveraging the same AI technology used to produce content to track, identify, and prevent the re-circulation of banned materials.
- Human Oversight: Maintaining human review panels for high-risk or ambiguous content to ensure fair treatment and protect the rights of creators.
- Media Literacy: Improving digital literacy among the youth to help them navigate content that, while not illegal, may still be emotionally or psychologically impactful.
Conclusion and Future Outlook
The path forward involves a legislative commitment to "managing the process" rather than just the "symptoms." By defining the responsibilities of platform providers and enforcing accountability through clear timelines and evidence-based enforcement, the National Assembly hopes to create a safer digital environment.
As the debate continues, the focus remains on ensuring that the legislation is flexible enough to keep pace with rapid technological change, yet firm enough to protect the public interest. The outcome of these deliberations will likely set a precedent for digital media regulation in the region, emphasizing that in the era of global connectivity, the protection of cultural and social values is a shared responsibility between the state and the technology providers that power the digital age. The final draft of the amendments is expected to undergo further scrutiny in the upcoming legislative session, with an emphasis on creating a balanced, transparent, and enforceable regulatory ecosystem.
