What are penalties for broadcasting live on social networks to insult others in Vietnam?

What are penalties for broadcasting live on social networks to insult others in Vietnam?

Article 101 of Decree 15/2020/ND-CP amended by Clause 37, Article 1 of Decree 14/2022/ND-CP stipulates violations of regulations on responsibility for using social network services; Electronic information pages are set up through social networks as follows:

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 Clause 3, Article 4, Decree 15/2020/ND-CP, supplemented by Points b and c, Clause 5, Article 1, Decree 14/2022/ND-CP, stipulates the fine level:

3. The fines prescribed in Chapter II to Chapter VII hereof are imposed for administrative violations committed by organizations, except the administrative violations mentioned in Article 106 hereof. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation.

Thus, according to the above regulations in Vietnam, streamer V had the act of talking about streamer H's private life during her livestream to insult the honor and streamer H corrected her immediately afterwards, this is considered an act of personal gain. Use social networks to provide false information to insult others.

Streamer V will be fined from 5,000,000 VND to 10,000,000 VND for her livestream act of providing false information to insult another streamer. In addition, stream V was forced to take down the September 22 livestream from her Facebook profile page in Vietnam.

What are penalties for broadcasting live on social networks to insult others in Vietnam? (Image from the Internet)

Is broadcasting live on social networks to insult others liable for criminal prosecution in Vietnam?

Pursuant to Article 155 of the 2015 Penal Code as amended by Article 2 of the Law amending the 2017 Penal Code, insults to another person are stipulated as follows:

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 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, the act of livestreaming on social networks to insult an individual can be prosecuted for criminal liability in Vietnam. Offenders can be imprisoned for up to 5 years. In addition, they may be banned from holding positions, practicing certain professions or doing certain jobs for from 01 year to 05 years.

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