Collection of judgments on distribution of pornographic materials in Vietnam

1. What is pornographic materials?

Based on the provisions of Clause 3, Article 4 of Decree 178/2004/ND-CP, pornographic materials are a form of expression with images, actions, and sounds of a chaotic, inferior play, the evil, ethical, and virtuous entertainment that is contrary to the customs, moral traditions, and the good and healthy lifestyle of our nation.

Since then, it is possible to understand that pornographic materials are products with unhealthy content, a lack of culture, and violating fine customs and traditions. Typically, books and newspapers, films, pictures, and photo music with inconsistent content and unused sexual ages affect the fine customs and traditions of the Vietnamese nation.

2. Forms of handling for act of distribution of pornographic materials in Vietnam

Administrative penalties for the distribution of pornographic materials

Under the provisions of Point b, Clause 1, Article 101 of Decree 15/2020/ND-CP, the act of supply, sharing, and provision of information with superstitious, lewd, and depraved themes that is contrary to the traditions of the nation will not be examined for penal liability but will be fined from 10 to 20 million.

Criminal handling acts of distribution of pornographic materials

Under the provisions of Clause 1, Article 326 of the Penal Code 2015 amended 2017, production, copy, transportation, circulation, storage, and other behaviors in order to spread and popularize images, books, and films with pornographic content to promote a depraved, inferior lifestyle against the nation's fine customs and traditions, acts of distribution of pornographic materials may result in a fine of up to 15 years in prison, depending on the specific case, and there may be other additional penalties.

Thus, the act of spreading pornographic materials may be fined for administrative violations or examined for penal liability, depending on the nature of the violation.

3. Collection of judgments on distribution of pornographic materials in Vietnam

The judgment of the distribution of pornographic materials No. 444/2021/HS-ST

- Trial level: First instance

- Trial agency: Hanoi People's Court

- Quoting the content: “Around October 2019, Vu Duc K participated in the Zalo group to view pornographic photos and videos. After that, K created two closed Zalo groups, "Some HN HN Zalo" and "Hanoi Show" to post and share pornography. During the period from October 2019 to February 2020, K posted 2250 film files and pornographic photos on the two groups. including 1549 files with depraved content. K has spread the depraved content of up to 14 members of the "Hanoi Show" group. In addition, K also organizes for the female members to livestream to collect money from the male members. The total amount of K collected from the livestream organization is about 3,678,000 VND. K paid to the livestream girls and personal benefits about 1,300,000 VND."

The judgment of the distribution of pornographic materials No. 28/2021/HS-ST

- Trial level: First instance

- Trial agency: People's Court of Vu Thu district, Thai Binh province

- Quoting the content: "In the middle of 2019, Le Thuan T participated in Zalo group" Old buffalo "and used 2 Zalo accounts," XT "and" TX "to share pornography. Since the beginning of 2020, T has shared 84 photos and 44 porn videos with the "old buffalo" group. In addition, T also downloaded 2 pornographic videos to Google Drive and then shared the link to the Zalo group. In total, Le Thuan T stored and shared 84 photos, 44 porn videos with a capacity of 0.4115 GB, and 2 videos with a capacity of 1,7078 GB. The police have seized T's phone and social networking accounts, including pornographic content that T shared. Le Thuan T's work shows signs of dispersing and spreading depraved culture. "

The judgment of the distribution of pornographic materials No. 24/2021/HS-ST

- Trial level: First instance

- Trial agency: People's Court of Dong Anh District - Hanoi City

- Quoting the content: “On September 6, 2020, the police of Dong Anh district, Hanoi received a report from Ms. B about being distributed by Nguyen Van A to the sensitive video and leaving unwanted sex. During the investigation process, the police determined that Nguyen Van A used a personal phone to record a video of sex between A and Ms. B, which then spread on social networks for many people. Specifically, A sent a video to 21 Facebook friends of Ms. B and two other videos via Ms. B.'s Zalo B. Among the recipients, one was under 18 years old. The investigating agency has temporarily seized phones and evidence of A. The authorities concluded that the videos sent by A were pornographic and depraved. The People's Procuracy of Dong Anh district prosecuted Nguyen Van A on distribution of pornographic materials. ”

The judgment of the distribution of pornographic materials No. 77/2020/HS-ST

- Trial level: First instance

- Trial agency: People's Court of Hoang Mai town, Nghe An province

- Quoting the content: “On April 7, 2020, the police of Hoang Mai town, Nghe An discovered that Nguyen Dinh Q and Nguyen Van Q violated the ban on crowded gathering during the social stretching period. The two subjects who were "Wavedream" members on Messenger often invited each other to gather crowded. Through the phone test, it was discovered that Nguyen Ba Tr, the Facebook account owner, "A Tr Baton" also joined the group "Ae Baton" invited to gather crowded people. Checking Ly Xuan NH's phone, on March 29, 2020, NH's Facebook account sent a porn clip to the group "AE Baton". On April 7, 2020, Phan Van L's Facebook account sent 3 porn clips into this group. The above subjects have committed acts of taking advantage of social networks to invite, gather, and share depraved content, thereby violating the law. "

The judgment of the distribution of pornographic materials No. 214/2017/HSST

- Trial level: First instance

- Trial agency: People's Court of Lang Son City, Lang Son Province

- Quoting the content: "In early 2011, Dong The B created and managed the website http://hay88.com, which posted the news and clips "Hot" to attract visitors and collect money by leasing ads. In mid-2012, B added the "18+" item with hundreds of depraved sex movies with a capacity of about 20GB to attract viewers. B earned about 15–50 million VND per month from leasing advertising on this website. In November 2016, the Department of C50 Ministry of Public Security discovered and seized 118 CDs and DVDs containing depraved films from B.'s website. In January 2017, the police of Lang Son province prosecuted the accused,  Dong The B, for acts of trading, storing, and circulating pornographic materials. B has acknowledged all his criminal acts."

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