Tiếng Việt
Table of Contents:
1. How are acts of sharing and spreading false information on social media punished?
2. Criminal liability for sharing and spreading false information on social media
1. How are acts of sharing and spreading false information on social media punished?
Regarding the act of sharing and spreading false information on social networks, pursuant to Article 101 of Decree No. 15/2020/ND-CP stipulating administrative sanctions for violations in the fields of post, telecommunications, radio frequencies, information technology, network information security and electronic transactions, there are provisions on administrative sanctions for this violation as follows:
“Article 101. Violations against regulations on responsibility of social networking service users
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:
a) Providing/sharing fake or false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals;
b) Providing/sharing information with the aims of encouraging unsound customs, superstitions or pornography, or which is not conformable with the national good traditions and customs;
c) Providing/sharing information describing in detail acts of cutting off/killing, accidents, horror and frightful acts;
d) Providing/sharing fictitious information with the aims of causing a panic among the population, inciting violence, crimes, social evils, gambling or serving gambling activities;
dd) Providing/sharing journalistic, literature and arts works and other publications without the consent from holders of intellectual property rights over such works, or which are not allowed to be distributed or subject to a distribution prohibition or confiscation decision; e) Advertising, propagating, and sharing information about prohibited goods and services;
g) Providing/sharing images of Vietnam’s map which does not indicate the entire and accurate national sovereignty;
h) Providing/sharing paths/links to prohibited information on networks.
2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information classified as state secret, an individual’s privacy or other secrets if not liable to criminal prosecution.
3. Remedial measures:
Enforced removal of false, misleading or violating information in case of commission of any of the violations in Clause 1 and Clause 2 of this Article.”
According to the above regulations, the act of sharing and spreading false information on social networks will be subject to a fine of VND 10 million to VND 20 million. Simultaneously, forcing the removal of false or misleading information or information that violates the law due to violations.
2. Criminal liability for sharing and spreading false information on social networks
“Article 288. Illegal provision or use of information on computer networks or telecommunications networks
1. A person who commits any of the following acts and earns an illegal profit of from VND 50,000,000 to under VND 200,000,000 or causes property damage assessed at from VND 100,000,000 to under VND 500,000,000 or damages reputation of an organization or individual shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years’ community sentence or 03 – 36 months’ imprisonment:
a) Uploading information on a computer or telecommunications network against regulations of law, except in the circumstances specified in Article 117, 155, 156 and 326 hereof;
b) Trading, exchanging, giving, changing or publishing lawfully private information of an organization or individual on the computer or telecommunications network without the consent of the information owner;
c) Other acts that involve illegal use of information on the computer or telecommunications network.
2. This offence committed in any of the following circumstances carries a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offender misuses his/her position as the administrator of the computer or telecommunications network;
c) The illegal profit earned is ≥ VND 200,000,000; d) Causing damage of VND 500,000,000 or more;
d) Violating personal privacy leading to the victim committing suicide;
dd) The offence involves infringement of privacy which results in the suicide of the victim;
e) The offence has a negative impact on social security, order or safety or Vietnam’s diplomatic relationship;
g) The offence results in a demonstration.
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years.”
Hence, for the act of sharing and spreading false information on social networks, the fine will be from VND 30,000,000 to VND 1,000,000,000 or sentenced to non-custodial reform for up to 03 years or imprisoned from 06 months to 07 years. Simultaneously, the offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years.