A/HRC/28/57/Add.1 51. Recently, a number of movies produced by local film-makers faced prohibition before being released, which created much public debate. In 2013, the movie “Chinatown Dust”, by Director Charlie Nguyen, a martial art movie situated in contemporary Ho Chi Minh City was not released. The reason invoked was that the movie showed scenes of violence without the authorities or other social forces taking any action, and hence did not reflect the true society of Ho Chi Minh City. The Special Rapporteur recalls that movies, being fiction, need not reflect society as it is. It is important to understand the use of the imaginary and fiction as a crucial element of the freedom indispensable for creative activities. Representations of the real must not be confused with the real, which means, for example, that what a character says in a novel cannot be equated with the author’s personal views. Hence, artists should be able, for example, to represent crimes or what some may consider as “immorality”, without being accused of promoting them.10 The Cinema Board may also suggest changes and cuts to a film during its production or before its release. 52. The Special Rapporteur appreciates article 5 of the 2012 Law on Publishing, which stipulates that the State shall not censor works prior to their publication. However, numerous interlocutors stressed that editors of publishing houses conduct very rigorous and strict prior censorship processes: every three or six months, publishing houses submit a tentative list of books to be published, with short summaries, to the Department of Publishing of the Ministry of Communication and Information. The Department may ask to read the full manuscript of books that, in its view, may potentially contravene article 10 of the Law on Publishing, which provides for a number of restrictions (see para. 44 above). Government officials explained that the process was for information purposes only and not for approval before publication, since editors-in-chief now have full responsibility for their publications. The Special Rapporteur nevertheless considers that editors, being under government control, cannot make independent choices. Hence, delegating the duty to censor to the editors is problematic. 53. The censorship system also lacks transparency. There is a 10-day period after a book is printed, during which the authorities can prohibit its release on the market. When “sensitive” books reach the market despite that procedure, the director of the relevant publishing house may be sanctioned and copies of the book taken off the market. The Special Rapporteur was informed that in 2013 that was the case for a Vietnamese translation of George Orwell’s Animal Farm. Some local writers also face censorship of some of their publications. 54. Decree 113/2013 on art activities describes the procedures to be followed for the organization of artistic exhibitions, which entail obtaining approval from the Ministry of Culture, Sport and Tourism or the Provincial People’s Committee, depending on whether the exhibition is of an international, national or local dimension. That is also a system that allows for prior censorship. 3. Independent publishers and cinema studios 55. The Special Rapporteur learned of a number of cases in the area of literature, poetry, cinema and the visual arts which indicate that there are numerous impediments to independent production and publishing. 56. The publishing system in Viet Nam is strictly regulated by the Government. The Special Rapporteur heard many reports that editors of publishing houses must follow the policy of the Central Board for Propaganda of the Communist Party and that those wishing 10 12 A/HRC/23/34, para. 37.