Be Careful to Avoid the Crime of Disseminating Depraved Cultural Products

In April 2016, Facebook popularized the Live Video feature with users to help update information instantly, instead of spending a lot of time uploading videos as before. Until now, this feature has quickly flooded social networks worldwide.

However, some people use the feature beyond Facebook's initial support purposes. To be specific, a terrorist streamed live on Facebook through the live video feature as he murdered a police officer. Or the case where three teenagers aged 14 in the U.S. broadcasted a live video of a sexual encounter on Facebook.

Not just the world, but Vietnam also saw a series of similar incidents. Notably, women showcasing their bodies to advertise their online businesses. Some "fish for likes" by broadcasting sensitive videos live attracting thousands of views, and these pages even continuously "spam" in groups to get more attention.

This is considered an act of spreading pornographic cultural products. This act is understood as a person creating, copying, distributing, transporting, buying, selling, or storing to disseminate books, newspapers, paintings, photos, films, music or other pornographic items, as well as other acts of spreading pornographic cultural products.

Whether knowingly or unknowingly, the person carrying out the above acts can be charged with the crime of spreading pornographic cultural products as stipulated in Article 253 of the Criminal Code 1999. To be specific, as follows:

1. Whoever creates, copies, distributes, transports, buys, sells, or stores for the dissemination of books, newspapers, paintings, photos, films, music or other pornographic items, as well as other acts of spreading pornographic cultural products under the following circumstances, shall be fined from five million VND to fifty million VND, subject to non-custodial reform for up to three years, or imprisoned from six months to three years:

- Large quantities of illegal items;

- Disseminating to many people;

- Previously administratively sanctioned for this act or previously convicted of this crime, has not had the conviction expunged and continues to violate.2. Committing the crime under any of the following circumstances, shall be imprisoned from three years to ten years:

- Organized;

- Very large quantities of illegal items;

- Against minors;

- Causing serious consequences;

- Dangerous repeat offense.3. Committing the crime under any of the following circumstances, shall be imprisoned from seven years to fifteen years:

- Extremely large quantities of illegal items;

- Causing very serious or especially serious consequences.4. The offender may also be fined from three million VND to thirty million VND.

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