Posting 18+ photos, clips, movies on social networks such as Twitter, Telegram,... to be criminally prosecuted in Vietnam?
- What are the penalties for posting 18+ photos, clips, movies on social networks in Vietnam?
- In the case of posting 18+ photos, clips, movies on social networks for profit, will the user be criminally prosecuted for illegal provision or use of information on computer networks or telecommunications networks in Vietnam?
- What is the time limit for criminal prosecution for the act of posting 18+ photos, clips or movies on social networks in Vietnam?
What are the penalties for posting 18+ photos, clips, movies on social networks in Vietnam?
Pursuant to Article 326 of the Criminal Code 2015 (amended by Clause 124, Article 1 of the Law on amendments to the Criminal Code 2017) stipulates as follows:
“Article 326. Distribution pornographic materials
1. Any person who makes, duplicates, publishes, transports, deals in, or possesses books, magazines, pictures, films, music, or other items that contain pornographic contents for the purpose of distributing them or distributes pornographic materials in any of the following circumstances shall be a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offence involves an amount of digital data from 01 GB to under 05 GB in size;
b) The offence involves 100 - 199 physical pictures;
c) The offence involves 50 - 99 physical books, magazines or other printed materials;
d) Pornographic materials are distributed among 10 - 20 people;
dd) The offender has incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence .
2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves an amount of digital data from 05 GB to under 10 GB in size;
c) The offence involves 200 - 499 physical pictures;
d) The offence involves 100 - 199 physical books, magazines or other printed materials;
dd) Pornographic materials are distributed among 21 - 100 people;
e) Pornographic materials are provided for a person under 18;
g) The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;
h) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence involves an amount of digital data of ≥ 10 GB;
b) The offence involves ≥ 500 physical pictures;
c) The offence involves ≥ 200 physical books, magazines or other printed materials;
d) Pornographic materials are distributed among ≥ 101 people.
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”
Accordingly, the act of uploading 18+ photos, clips and movies on social networks will be prosecuted for criminal liability.
Based on the capacity and number of people to be shared to determine how many years of imprisonment according to the above regulations.
Posting 18+ photos, clips, movies on social networks such as Twitter, Telegram,... to be criminally prosecuted in Vietnam?
In the case of posting 18+ photos, clips, movies on social networks for profit, will the user be criminally prosecuted for illegal provision or use of information on computer networks or telecommunications networks in Vietnam?
Pursuant to Clause 1, Article 288 of the Criminal Code 2015 stipulates as follows:
“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.”
Accordingly, the act of posting on computer and telecommunications networks illegal information that earns from VND 50,000,000 to under VND 200,000,000 will be prosecuted for penal liability from 6 months to 3 years according to the above provisions.
However, this provision excludes the case of Article 326 of the Criminal Code 2015 as the crime of spreading depraved cultural products.
Therefore, uploading 18+ photos, clips and movies on social networks to make money will only be prosecuted for criminal liability under the crime of spreading depraved cultural products.
What is the time limit for criminal prosecution for the act of posting 18+ photos, clips or movies on social networks in Vietnam?
Pursuant to Article 27 of the Criminal Code 2015 stipulates as follows:
“Article 27. Time limit for criminal prosecution
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.”
Accordingly, for the act of posting 18+ photos, clips or movies on social networks and falling into the case of being criminally handled from 06 months to 03 years in prison, the statute of limitations for criminal prosecution will be 05 because this is a less serious crime.
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