Comment by catapart
3 days ago
Just a hip-shot, not a considered position. When I hear "regulation", I think "threat". Either of violence (any physical touch), or financial garnishment. So, to me, ads that last longer than five seconds do not rise to the level of threatening anyone.
But assuming that they did, the situation seems like one where there could be any number or ways of following the letter or the law, while flouting the spirit of it. I don't dare imagine the creative ways these people will come up with to make entertainment even worse than it already is. So for areas that seem to require miles and miles of caveats and very specific rule-making, my gut reaction is that the regulatory path isn't the right one until we can break down the scope into something that simple regulations can accommodate without loophole. Put more simply: if it seems like people will just find ways around the problem, my assumption is just that we're not targeting the right problem yet and we need to break it down further, if regulation is the right solution at all.
But that is pretty assumptive, so - again - it's just a first feeling. Doesn't pass my vibe check.
I personally like descriptive regulation over prescriptive regulation.
Instead of prescribing exactly what you should do, describe the outcomes you want, and let case law fill in the rest of the owl. That's the only way to prevent violations like this.
To be fair, the main disadvantage of this approach is that law is much harder to understand. You can't just read the law as it is written, you also have to familiarize yourself with all the rulings that tell you how that law should actually be interpreted.
Vietnam does not follow common law (i.e. case law) , it follows civil law (same as other Europe and Asia countries)