How will the sharing fake news to appeal charity on social media be sanctioned?
Is sharing fake news on social media prohibited under the Cybersecurity Law?
Pursuant to Article 8 of the Law on Cybersecurity 2018 on acts of cybersecurity prohibited as follows:
"Article 8. Prohibited acts
1. Use of cyberspace for the following purposes:
a) Conducting the acts mentioned in Clause 1 Article 18 of this Law;
b) Organizing or participating in opposition to Socialist Republic of Vietnam; colluding with other people, persuading, buying off, duping, enticing or training people to oppose the government of Socialist Republic of Vietnam;
c) Distortion of history, denial of revolutionary achievements, undermining national solidarity, blasphemy, discrimination by gender or race;
d) Provision of false information for the purpose of causing public confusion or economic loss, obstructing regulatory bodies or law enforcers, violating lawful rights and interests of other organizations and individuals.
dd) Prostitution, vice, human trafficking; posting pornographic or criminal information; damaging Vietnam’s good traditions, social ethics or public health;
e) Enticing, persuading or tempting others to commits crimes.
2. Any act of cyberattack, cyber terrorism, cyber espionage and cyber crimes; causing breakdown, attacking, infiltrating, overriding, interfering with, disrupting, paralyzing or sabotaging national security information systems.
3. Manufacturing or using tools, equipment, software programs or committing any act that is meant to disrupt a telecommunications network, the Internets, computer network, information systems, information processing systems and electronic control system; spreading malware in a telecommunications network, the Internets, computer network, information systems, information processing and control system; infiltrating a telecommunications network, the Internets, computer network, information systems, information processing system or electronic device control system of another person.
4. Resisting or obstructing the cybersecurity force; attacking or illegally neutralizing cybersecurity measures.
5. Taking advantage of cybersecurity protection activities to violate national security, national interests or sovereignty, disrupt public order, violate lawful rights and interests of another organization or individual or for profiteering purposes.
6. Other acts that violate this Law"
How will sharing fake news on social media be sanctioned?
Fines for sharing fake news on social media
Article 101 of Decree 15/2020/ND-CP (amended by Clause 1, Article 1 of Decree 14/2022/ND-CP) as follows:
Article 101. Violations against regulations on responsibility of social networking service users; the website established through social network
"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, disseminating or sharing information on prohibited goods/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."
Note: The above fine applies to administrative violations of the organization. If an individual commits a violation, the fine shall be 1/2 of the fine of the organization (according to Clause 3, Article 4 of Decree 15/2020/ND-CP).
Repairing the consequences of sharing fake news on social media
According to Clause 3, Article 101 of Decree 15/2020/ND-CP (amended by Clause 37, Article 1 of Decree 14/2022/ND-CP) as follows:
"Article 101. Violations against regulations on responsibility of social networking service users; the website established through social network
...
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."
Thus, sharing fake news on social networks will be fined from VND 5 million to VND 10 million in accordance with the current law. We can comfotablely post and share news on social media, on our personal accounts. Excecp for comfortablely posting and sharing news, we also must be responsible for ensuring that we post and share is the truth news, avoiding to be sanctioned in accordance with the law because of fake news. The above information are on sharing fake news on social media. Best regards!
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