Vietnam: May persons sharing sensitive photos face imprisonment penalties?
Under Point a, Clause 1, Clause 3, Article 101 of Decree 15/2020/ND-CP stipulating the violations against regulations on responsibility of social networking service users in Vietnam:
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:
- 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;
- 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.
In addition, criminal liability may be prosecuted. However, whether your actions may be subject to criminal prosecution will depend on the form, devices used for disseminating sensitive photos, the number of sensitive photos, the amount of data, and the number of people accessing these photos.
According to the provisions of Article 155 of the Criminal Code 2015 (amended in 2017) on insults to another person in Vietnam:
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.
3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;
b) The offence results in the suicide of the victim.
4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Therefore, criminal prosecution shall be considered based on the nature, degree, and conclusion of the competent authority in Vietnam. You may refer to the above regulations for further details.
Sincerely!
