What is cyberbullying? What are the regulations on protection of children being bullied on Tiktok in Vietnam?

Regarding this matter, LawNet would like to answer as follows: 

1. What is cyberbullying?

Cyberbullying is the intentional use of information technology and digital tools to harm or humiliate another person repeatedly. It occurs on various platforms, including social media, messaging platforms, online games, and other websites.

Some common examples of cyberbullying include:

- Sending offensive or threatening messages.

- Posting embarrassing or humiliating images or videos.

- Stealing someone's identity and using it to harm them.

- Impersonating someone and sending malicious messages to others or through fake accounts.

- Spreading rumors or misinformation about someone.

Both direct bullying and cyberbullying can have negative impacts on the victim's health, reputation, education, and even serious psychological effects. Additionally, cyberbullying can spread quickly and continue to harm the victim over a long period of time.

2. What are the regulations on protection of children being bullied on Tiktok in Vietnam?

According to Article 29 of the Law on Cybersecurity 2018, there are regulations on the protection of children in cyberspace as follows:

- Children have the right to be protected, access information, participate in social activities and entertainment, maintain personal information confidentiality, and have other rights in cyberspace.

- Administrators of information systems, TSPs, ISPs, and VAS providers have the responsibility to make sure information on their systems or services are not harmful children and do not violate children’s rights; block and delete information harmful to children or violating children's rights; and promptly inform and cooperate with the cybersecurity force of the Ministry of Public Security whenever such information is detected.

- Organizations and individuals operating in cyberspace shall cooperate with competent authorities I protecting children’s rights in cyberspace and prevent information harmful to children in accordance with this Law and children laws.

- Organizations, parents, teachers, caretakers and relevant individuals have the responsibility to protect children’s rights and protect children in cyberspace in accordance with children laws.

- Professional cybersecurity forces and other competent authorities shall implement every measure necessary for preventing, detecting, intervening harms to children or violations of children’s rights by means of cyberspace.

In addition, Tiktok's Terms and Policies also address the youth safety and well-being in its Community Guidelines, which include the following points:

- Tiktok is committed to providing a safe and positive experience for people under the age of 18.

- Users must be 13 years and older to have an account. If an underage Tiktok account is discovered, it will be banned.

- Community members can report those who they believe are under the minimum age, either in-app or online

- The platform does not allow content that may put young people at risk of exploitation, or psychological, physical, or developmental harm. If youth exploitation is discovered on the platform, Tiktok will ban the account, as well as any other accounts belonging to the person.

- Tiktok implements several measures, including:

+ limiting access to certain product features, 

+ developing Content Levels that sort content by levels of thematic comfort, 

+ using restrictive default privacy settings,

+ making content created by anyone under 16 ineligible for the For You feed (FYF)

- The user must be 16 years and older to use direct messages, and be 18 years and older to go LIVE, to send gifts to a creator during a LIVE session, or to use monetization features

Furthermore, Tiktok has also compiled a Guardian's Guide to Online Safety, aimed at caregivers to help them assist their adolescents in understanding online safety, managing their online presence.

Therefore, protecting children in the online space is not only regulated by the law but also by online platforms such as Tiktok, which have their own terms and policies to safeguard children when using their platform.

Any act of bullying children online can be considered an infringement of personal rights, specifically the right to be protected regarding reputation, dignity, and credibility. This act may even be subject to criminal liability for offenses such as endangering lives, health, reputation, and dignity, including:

- Inciting or aiding another to commit suicide (Article 131 of the Penal Code 2015, amended in 2017).

- Involuntary infliction of bodily harm upon others (Article 138 of the Penal Code 2015, amended in 2017).

- Insults to another person (Article 155 of the Penal Code 2015, amended in 2017).

- Slander (Article 156 of the Penal Code 2015, amended in 2017).

Key word: Tiktok | in Vietnam | Vietnam | protection of children | cyberbullying |

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