Posting Videos and Livestreams for Fortune-Telling on TikTok: Is It a Legally Permitted Activity?
Is Posting Videos, Livestreaming Fortune-Telling on TikTok against the Law?
Nowadays, with the advancement of information technology, especially social media platforms like TikTok, whose 15-second short format cleverly addresses viewers' "fickle" nature towards entertainment videos, it has become a popular platform for users.
TikTok users can quickly share their videos on this platform, with short durations and without the complexity of YouTube. Therefore, TikTok has now become a widely-used application.
TikTok users can use it for advertising, selling, entertainment, etc. Particularly, fortune-telling on TikTok has attracted a lot of attention recently.
A recent trend, "Right, accept; wrong, argue," has emerged. In just two days (February 6-7), numerous clips "catching the trend" have appeared on TikTok.
It is known that the "Right, accept; wrong, argue" trend started from a video posted on the personal account of Ms. T.H in Hai Duong. In these videos, T.H often refers to viewers as "you and my child," specializing in predicting love stories, real estate, career paths, and fortunes.
Especially, after each prediction, T.H often adds the phrase: "Right, accept; wrong, argue." This phrase immediately became a trend followed by the youth on TikTok.
So, is posting these fortune-telling videos against the law?
According to Clause 4 of Article 5 Law on Belief and Religion 2016 and Clause 5 of Article 5 Law on Belief and Religion 2016, the provisions are as follows:
Prohibited Acts
1. Discrimination or exclusion due to religious or belief reasons.
2. Forcing, bribing, or obstructing others from following or not following beliefs or religions.
3. Insulting beliefs or religions.
4. Religious or belief activities that:
a) Infringe national defense, security, national sovereignty, social order and safety, or the environment;
b) Violate social ethics; infringe on the body, health, life, or property; insult the honor or dignity of others;
c) Obstruct the exercise of citizens' rights and obligations;
d) Cause ethnic division; divide religions; divide believers from non-believers and among followers of different beliefs or religions.
5. Exploiting belief or religious activities for personal gain.
Based on the above regulations, if the fortune-telling activities are not for personal gain and do not cause adverse effects, they are not considered a violation of the law and will not be penalized. Conversely, the act of posting videos or livestreaming fortune-telling for unlawful profit is determined to be a violation of the law.
Is Posting Videos, Livestreaming Fortune-Telling on TikTok allowed by law? (Image from the internet)
What are the Penalties for Posting Videos, Livestreaming Fortune-Telling on TikTok for Profit?
According to Clause 1 of Article 101 Decree 15/2020/ND-CP, amended by Clause 37 of Article 1 Decree 14/2022/ND-CP, the provisions are as follows:
Violation of regulations on the use of social networking services; websites set up through social networks
1. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for exploiting social network services to commit one of the following acts:
a) Providing or sharing fake information, false information, distortions, slander, or insulting the prestige of agencies, organizations, or the honor and dignity of individuals;
b) Providing or sharing information encouraging outdated customs, superstition, obscenity, and debauchery, which are not compliant with national traditions and customs;
c) Providing or sharing information in detail about brutal actions, killings, accidents, horror, and frightful scenes;
d) Providing or sharing fabricated information causing public panic, inciting violence, crime, social evils, gambling, or serving gambling;
e) Providing or sharing journalistic works, literary, artistic works, or publications without the consent of the intellectual property right holders or without permission for circulation or already banned or confiscated;
f) Advertising, propagating, or sharing information about banned goods or services;
g) Providing or sharing images of the Vietnam map without showing or improperly showing national sovereignty;
h) Providing or sharing links to prohibited information on the internet.
Posting fortune-telling videos on TikTok for profit may result in an administrative fine ranging from 10 to 20 million VND. Additionally, the video must be removed.
Note that the above fines apply to organizations. For individuals violating the regulations, the fine will be half that imposed on organizations.
Can Posting Videos, Livestreaming Fortune-Telling on TikTok for Profit Lead to Criminal Liability?
According to Article 320 of the Criminal Code 2015, the provisions are as follows:
Crime of superstitious practices
1. Anyone who uses fortune-telling, necromancy, or other superstitious practices, having been administratively penalized for this act or having been convicted for this crime without having their conviction expunged, commits the crime again, shall be fined from 10,000,000 VND to 100,000,000 VND, subject to non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.
2. Committing the crime under one of the following circumstances shall be subject to imprisonment from 3 to 10 years:
a) Causing death;
b) Illegally gaining 200,000,000 VND or more;
c) Having negative impacts on security, order, and social safety.
3. The offender might also be fined from 10,000,000 VND to 50,000,000 VND.
Anyone using fortune-telling, necromancy, or other superstitious practices, having been administratively penalized previously or convicted for this crime without having their conviction expunged, commits the crime again, may be criminally liable for the crime of superstitious practices if the elements of the crime are met, and may face the following penalties:
Frame 1: A fine ranging from 10,000,000 VND to 100,000,000 VND, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.
Frame 2: Imprisonment from 3 to 10 years if falling under one of the cases specified in Clause 2, Article 320 of the Criminal Code 2015.
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