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Legal Document
Title: Decree on Internet Information Management No. 327/GOV, dated 16 September 2014
Type: Decree
Responsible Agency: Ministry of Posts and Telecommunications
Issuing Date: 2014-09-16
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Contents 

DECREE On Information Management on the Internet

Section I:      General Provisions

Article 1:         Function of the Decree

Article 2:         Information Management on the Internet

Article 3:         Definition

Article 4:          Government Policy on Information Usage on the Internet

Article 5:         Scope of this Decree

Section II:       Dissemination of Information on the Internet

Article 6:         Dissemination of Information through the Internet

Article 7:         Regulations for Disseminating Information on the Internet

Article 8:         Creating a Personal Account on Social Media

Article 9:         Security of Information Usage

Section III:      Information Content Disseminating on Internet

Article 10:       Content Not Allowed for Dissemination on the Internet

Article 11:  Content Allowed for Dissemination on the Internet

Section IV:      Responsibilities of Internet Service Providers and Internet Users

Article 12:       Responsibilities of Internet Service Providers

Article 13:       Responsibilities of Internet Users

Article 14:       Responsibilities of Website Manager

Section V:       Restrictions

Article 15:       Restrictions for Internet Service Providers

Article 16:       Restrictions for Internet Service Users

Article 17:       Restrictions for Website Managers

Section VI:      Information Management on the Internet

Article 18:       The Responsibilities of Post, Telecommunication, and Communication Sector

Article 19:       Responsibilities of the Information, Culture and Tourism Sector

Article 20:       Responsibilities of the public security Sector

Article 21:       Responsibilities of the Education and Sports Sector

Article 22:       Responsibilities of other Sectors

Section VII:     Implementation Measures

Article 23:       Suppression Measures

Article 24:       Creating Activities and Dissemination information on Internet Usage

Article 25:       Warning

Article 26:       Measures against Violators

Section VIII:    Final Provisions

Article 27:       Implementation

Article 28:       Entry into Force

 


LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

***************

Prime Minister’s Office                                                                      Government No: 327 /Govt.

       Vientiane Capital, 16/9/2014

DECREE

On Information Management on the Internet

 

- Based on the Law on Government of the Lao PDR Ref. no. 02/NA, dated on 6/5/2003,

- Based on the Law on Telecommunication (edition) Ref. no. 09/NA, dated 21/12/2011,

- Based on the letter proposed by Minister of Post, Telecommunication and Communication         Ref. no.   1760/PTC, dated on 12 July 2014.

 

The Prime Minister of the Lao PDR has issues this decree:

 

Section I:      General Provisions

Article 1:         Function of the Decree

This decree defines the principles, regulations and measures for managing information on the Internet to promote national stability, peace and social order. It is focused on protecting the integrity of and benefits to be derived by service providers, service users, and society in order to contribute to national development.

Article 2:         Information Management on the Internet

Information management on the Internet refers to the monitoring, reviewing, resisting and suppressing the use of information on the Internet, which threatens society, and stability of the nation.

Article 3:         Definition

In this Decree:

1. Information means messages written in numbers, words, animations, photos, voices and videos, among others;

2. Social media means forms of communication and dissemination of information on the Internet, in which the public can send, receive, forward, comment and edit content, for instance: Facebook, Twitter, and YouTube among others;

3. Web page means an electronic news-board, which contains symbols, numbers, words, animations, photos, videos, voices, and other forms on the Internet;

4. Website means an information system that was constructed and comprises one or more web pages;

5. Personal registration in social media means the web page created through social media, which the person who registered, or the organization who registered, is the owner of that web page, and manages the content of that information by them selves. For instance:www.facebook.com/champa;

6. Internet service provider means any entity which provides Internet service to consumers so that they can use the Internet;

7. Website manager means the person who has the right to enter the system legally in order to create, edit, improve, and delete the system and the content of the website;

8. Security of information usage means the retention of information and the system preventing information from being connected, used, damaged and illegally counterfeited;

9. Internet service user means the individual who connects to the Internet in different forms in order to read, write, send, and forward information on the Internet.

Article 4:          Government Policy on Information Usage on the Internet

The government promotes and encourages individuals, legal entities, and organizations, both Lao nationals and expats, who live and work in the Lao PDR, to use information through the Internet for their work, especially in the education sector, public health sector, and research on science and technology, in order to increase efficiency and the quality of life and to improving the standard of living of residents of the Lao PDR. The government promotes and creates the environment of using the national Internet code (.LA) broadly; they also encourage the process of transitioning to use modern technology of Internet Protocol Version (IPV6). In addition, the government promotes the creation of programs in the Lao language, creating websites and online networking that is being implemented legally, based on Lao law.

Article 5:         Scope of this Decree

This decree applies to individuals, legal entities, governmental organizations, and the private sector, both Lao nationals and expats, which provide and use Internet service in the Lao PDR.

Section II:       Dissemination of Information on the Internet

Article 6:         Dissemination of Information through the Internet

The dissemination of information through the Internet refers to the posting of messages, animations, photos, voices, and videos on the website in order to present, comment, share, send, and forward messages to one or many people.

Article 7:         Regulations for Disseminating Information on the Internet

Individuals, legal entities, and organizations are able to disseminate information through social media but they must identify the source of information correctly. Website managers and the personal registration account owner in social media shall inspect the content of information before disseminating it on their web page. Information that has not gone through official media or legal media offices cannot be used as official information. Website owners or website managers have the responsibility of checking content and information thoroughly before allowing others to disseminate it through their website.

Article 8:         Creating a Personal Account on Social Media

Individuals, legal entities, or organizations that create an account on social media shall identify their names, family names, and current address correctly.

Article 9:         Security of Information Usage

Individuals, legal entities, or organizations, which use information through the Internet shall save and change their passwords regularly to assure the security of using their personal information. They also won’t create conditions for others to use their personal information illegally.

Section III:      Information Content Disseminating on Internet

Article 10:       Content Not Allowed for Dissemination on the Internet

Content not allowed to be disseminated on the Internet include any information that:

1. Bribes or convinces the people of Laos, and abroad, to attack against the Lao People’s Revolution Party, the government of the Lao PDR, or destroy the peace, independence, sovereignty, democracy, and prosperity of the Lao PDR;

2. Persuades and supports terrorism, crime and cause of trouble to society;

3. Publicizes, distorts, and disseminates false propaganda in order to create discrimination against ethnic groups and against the nation;

4. Contains pornography, edited photos (Photoshop) and other photos that the law of the Lao PDR has prohibited, including photos discrediting the Lao tradition, intellectual property rights infringements, or services for buying or selling sex;

5. Reveal national secrets, military secrets, or other secrets specified in Lao regulations and laws of the Lao PDR;

6. Disseminate false information and distort the facts for the purpose of discrediting the reputation, dignity or rights of individuals, organizations, institutions, or departments;

7. Use the names of individuals or organizations in animations, photos, voices, videos, signatures, codes, credit cards, or personal documents of others to earn benefits, or for any other purposes without permission from the owner.

Article 11:  Content Allowed for Dissemination on the Internet

Content and information that are allowed to be disseminated are those having creative components, which heightens knowledge, are useful for society, and do not conflict with Article 10 above.

Section IV:      Responsibilities of Internet Service Providers and Internet Users

Article 12:       Responsibilities of Internet Service Providers

Internet Service Providers shall possess the following responsibilities:  

1. Restrain from accessing information, temporarily or permanently suspended of Internet connection for users that violated this decree and other related regulations in accordance with an order of the management organization;

2. Collaborate and provide information to concerned organizations;

3.  Execute functions based on the connection standards defined by concerned organizations;

4. Undertake other responsibilities and functions defined in the regulations and laws.

Article 13:       Responsibilities of Internet Users

 Internet users, or personal registration account owners, in social media shall possess the following responsibilities:  

1. Be responsible, by law, for the content and information that are developed, exchanged, sent or forwarded through the website, online social media, or other forms on the Internet;

2. Assure security of their own personal information;

3. Implement other responsibilities as defined in the regulations and laws.

Article 14:       Responsibilities of Website Manager

Responsibilities of website manager as follows:

1. Be responsible, by law, for the content and information that are presented on the website that they manage;

2. Check the content and information before disseminating it on the website they manage;

3. Restrain from disseminating content and information of members who violate this decree and other related regulations and laws;

4. Implement other responsibilities as defined in the regulations and laws.

Section V:       Restrictions

Article 15:       Restrictions for Internet Service Providers

Internet Service Providers are prohibited from:

1. Disseminating information of Internet users without their permission;

2. Creating environments or facilitating individuals, legal entities, or organizations, whose activities include attacking or destroying government-party policy, that impacts national defense and peaceful activities;

3. Behave in ways that violate the regulations and laws.

Article 16:       Restrictions for Internet Service Users

Internet Service Users are prohibited from:

1. Presenting, sending, or forwarding information which has content defined in Article 10 of this decree, in any form.

2. Providing or issuing comments that support the content and information as defined in Article 10 of this decree.

Article 17:       Restrictions for Website Managers

Website Managers are prohibited from:

1. Presenting, sending, or forwarding information which has content defined in Article 10 of this decree, in any form.

2. Allowing others to disseminate information that has content as defined in Article 10 of this decree.

3. Behaving in any manner that violates the regulations and laws.

Section VI:      Information Management on the Internet

Article 18:       The Responsibilities of Post, Telecommunication, and Communication Sector

Regarding information management on the Internet, the Post, Telecommunication, and Communication Sector shall have the following responsibilities:

1. Publicize and disseminate policies, strategic plans, regulations and laws on the management of information on the Internet;

2. Monitor and inspect the service of Internet service providers, and the dissemination of information of Internet service users;

3. Issue orders to Internet service providers to restrain accessing information, temporarily or permanently suspend connection of those who violate this decree or other related regulations and laws;

4. Receive and consider the requests from service provider, service users, and societies about dissemination of information on the Internet;

5. Collaborate with concerned officers in following us and searching for people who disseminate information that violates this decree or other related regulations and laws;

6. Summarize and report the results of implementing this decree to the government regularly.

Article 19:       Responsibilities of the Information, Culture and Tourism Sector

Regarding information management on the Internet, the Information, Culture and Tourism Sector shall have the following responsibilities:

1. Monitor, inspect, identify, and analyze the content of information of individuals, legal entities, and organizations;

2. Research, issue announcements, and disseminate information officially in order to eliminate false information and provide clarity;

3. Coordinate with concerned parties to issue announcements and information that impact the stability of the nation and the order of society.

Article 20:       Responsibilities of the public security Sector

Regarding information management on the Internet, the public security Sector shall have the following responsibilities:

1. Receive statements from individuals, legal entities and organizations in instances where there is a criminal case related to the national stability and public order;

2. Collect, inspect, and analyze information on the Internet that threatens national stability, the nation’s secrets, and the peace of the society;

3. Investigate, interrogate, and proceed in cases with individuals, legal entities, and organizations that violate this decree.

Article 21:       Responsibilities of the Education and Sports Sector

Regarding information management on the Internet, the Education and Sports Sector shall have the following responsibilities:

1.  Disseminate legislation about Internet usage management, knowledge on the Internet to students in order for them to be able to use the Internet in an appropriate way, and to avoid negative impacts of using information on the Internet.

Article 22:       Responsibilities of other Sectors

Line ministries, line agencies and local authorities shall be responsible for information management that is related to their own departments. They shall coordinate with concerned sectors to fight and suppress the dissemination of information on the Internet that is in violation of this decree and other related regulations and laws.

Section VII:     Implementation Measures

Article 23:       Suppression Measures

The Post, Telecommunication, and Communication sector is the center of coordination with the Information, Culture, and Tourism sector, and with the public security sector in order to monitor and inspect content and information on the Internet, and to suppress, restrict, and respond to the content that conflicts with this decree.

Article 24:       Creating Activities and Dissemination information on Internet Usage

Information, Culture and Tourism sector are the core sectors which are to coordinate with related sectors in creating activities, organizing campaigns, and disseminated Internet usage in order to make it appropriate and correct, help Internet service users, and society, avoid the negative impacts arising from not knowing, and avoid disseminating information that conflicts with this decree.

Article 25:       Warning

Website managers shall warn, and set the conditions for disseminating information through their own web pages.

Article 26:       Measures against Violators

Individuals, legal entity or organizations that violate this decree may be warned, educated, penalized, fined, and subjected to civil or criminal charges depending on the severity of the case.

Section VIII:    Final Provisions

Article 27:       Implementation

The Ministry of Post, Transportation, and Communication shall be assigned to be the main Line Ministry to coordinate with related parties to implement this decree effectively. Line ministries, line agencies, local authorities, individuals, legal entity, both Lao nationals and expats, providing and using Internet service in the Lao PDR acknowledge and implement this decree accordingly.

Article 28:       Entry into Force

This decree shall enter into force from the date of signature and after it is registered as an official notice within 15 days.

Government of the Lao PDR

Prime Minister

 Thongsing Thammavong



Download English:Decree on Internet Information Management No. 327/GOV, dated 16 September 2014

Download Lao:Decree on Internet Information Management No. 327/GOV, dated 16 September 2014


List Measures Related to Legal Documents
NameDescriptionStatus
Requirement for internet service providers to be restricted from several activitiesInternet service providers are restricted from conducting activities, including allowing dessimination of information by individuals, legal entities, or organizations, whose activities include attacking or destroying government-party policy that impact national defense and peaceful activitiesActive
Requirement for internet service providers to comply with dutiesInternet service providers must deny access to
internet users who do not comply with the decree
Active
Requirement for website managers to be restricted from displaying on their sites certain informationWebsite managers are restricted from dessiminating information as defined in art 10Active
Requirement for website managers to comply with dutiesWebsite managers must comply with duties,
including be responsible, by law for the content and information that are presented on the website that they manage
Active
Requirement to inspect information to be dessiminated on websitesIndividuals, legal entities, and organizations that
disseminate information through social media must
identify the source of information correctly. Website
owners or managers must check content and information before allowing others to disseminate it through their website.
Active
Requirement to refrain from dessiminating certain content on internetIt is prohibited to allow dessimination of content
on the Internet that is injurious to national security
or is personal information not authorised by the owner
Active