Is the act of body shaming others on social media illegal in Vietnam?

Body shaming is no longer a foreign term, especially for young people. The development of social media platforms today makes it easier than ever to body shame others.

Lawnet would like to answer as follows:

Is the act of body shaming others on social media illegal in Vietnam?

The person who performs the act of direct body shaming others shall be fined according to Clause 3.a Article 7 of the Decree 144/2021/ND-CP as follows:

…

3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:

a) Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of Decree 144/2021/ND-CP;

…

However, unlike direct body shaming, body shaming others on social media is considered an act of cyberbullying, and seriously affects victims’ honor and dignity. According to Clause 3.a Article 99 of the Decree 15/2020/ND-CP, the fines for violations against regulations on website are as follows:

…

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of one of the following violations:

a) Providing false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations or individuals;

…

Therefore, for the act of body shaming others on social media (Facebook, TikTok, Zalo, etc.), the offender may be fined from VND 20,000,000 to VND 30,000,000 if the violation causes offense to the honor and dignity of the individual.

In the case of mocking or disparaging the appearance of others causing serious offense to the dignity and honor of the individual, if the level of violation is sufficient to constitute the crime of insulting others, the offender will be prosecuted for criminal responsibility according to Article 155 of the Criminal Code in 2015 (amended by Clause 2.c Article 2 of the Law on amendments to the Criminal Code in 2017):

Insults to another person

1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence involves abuse of the offender's position or power;

d) The offence is committed against a law enforcement officer in performance of his/her official duties;

dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

e) The offence is committed using a computer network, telecommunications network or electronic device;

g) The victim suffers from 31% - 60% mental and behavioral disability because of the offence.

…

The offender who commits the crime of insulting others on social media will be prosecuted for criminal responsibility under the imprisonment penalty from 3 months to 2 years, as the violation is considered as the case of using a computer network or telecommunications network, electronic means to commit the crime.

In addition, according to Clause 4 Article 155 of the Criminal Code in 2015, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Solutions to address the current reality of Body shaming on social media in Vietnam

Although there are regulations on penalties for the act of body shaming others on social media, it is very difficult to prosecute offenders. The reason is that most social media users commit body shaming through "clone" accounts, so it is very difficult to identify their identities for the purpose of prosecution.

The first solution to prevent this is to limit the use of vulgar language with the meaning of insulting others and implement the blocking of violating accounts by the content moderation department.

Currently, the law has issued specific regulations for social media platforms, such as Decree 72/2013/ND-CP on the management, provision, and use of Internet services and information on the network and Decree 27/2018/ND-CP amending Decree 72/2013/ND-CP to promptly update the rapid development trend of social media and protect social media users from harmful factors in the Internet environment.

In addition, social media users also need to raise awareness and responsibility for body shaming behaviors on the Internet. They can report and prevent when they see offensive

Please Login to be able to download