What is the penalty that can be applied for disseminating fake news about the detention of the businesswoman on social media?
Posting fake news on social media is illegal
According to the guidance in Article 4 of the Code of Conduct on social media enclosed with Decision 874/QD-BTTTT of Vietnam in 2021 on the code of conduct of organizations and individuals on social media as follows:
“Article 4. Code of conduct for organizations and individuals
1. Acknowledge and comply with terms on use guidelines social media service providers before registering and joining social media.
2. Use real name or individuals and organizations, agencies, and register with service provider to verify name, website address and contact point when joining, using social media.
3. Adopt solutions for managing, securing password of social media accounts, and immediately inform authorities and service providers when accounts of organizations, individuals are beyond their control, impersonated, exploited and used for unhealthy purposes, affecting national security and social order, affecting legal rights and benefits of organizations, individuals.
4. Share information from reliable and trustworthy sources.
5. Behave and respond according to moral values culture, and traditions of Vietnamese people; do not incite aggression, hatred, origin discrimination, sexism, or religious discrimination.
6. Do no upload contents violating regulations and law, or information defaming, affecting legal rights and benefits of other organizations, individuals; do not use sensitive language, violating fine traditions; do not distribute false information; do not advertise, operate illegal businesses, etc. do not cause aggression among social discussion, affecting social order and safety.
7. Encourage using social media to publicize and advertise Vietnamese country - people, cultural, sharing positive information and good people.
8. Encourage relatives, friends and people around to educate, protect, and enable children, juveniles to use social media safely, healthily.”
According to the above regulations, the law stipulates that organizations and individuals are not allowed to spread fake news, untrue news, etc., causing irritation in public opinion, affecting social order and safety on social media.
What is the penalty that can be applied for disseminating fake news about the detention of the businesswoman on social media?
What is the fine for posting fake news on social media?
According to the provisions of Article 101 of Decree 15/2020/ND-CP of Vietnam on fines for violations of regulations on responsibilities for using social media services 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, 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.
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 spreading fake news on social networks can be fined from VND 10,000,000 to VND 20,000,000 depending on the seriousness of the violation, and forced to remove such fake information.
Note, the above fine is applied to administrative violations of the organization. In case individuals commit violations like those of organizations, the fine is 1/2 of the fine imposed on organizations.
Will posting fake news on social media be liable to imprisonment?
In case the act of spreading fake news on social networks falls into the cases specified in Article 288 of the Criminal Code 2015 of Vietnam, it will constitute a criminal offense with the highest fine being a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment from 02 to 07 years, specifically 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.
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) The property damage caused by the offence is assessed at ≥ VND 500,000,000;
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.”
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