Defaming and Slandering Others on Facebook: Beware of Legal Consequences

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Specifically, according to the regulations at Point l Clause 3 Article 5 Decree 167/2013/ND-CP, individuals who use Facebook to post fabricated, false information with the intent to slander or defame others will be fined from 2,000,000 VND to 3,000,000 VND.

Article 5. Violations of public order regulations

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3. A fine of 2,000,000 VND to 3,000,000 VND shall be imposed for any of the following acts:

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l) Writing, distributing, or circulating documents with fabricated, distorted content that affects the reputation of organizations or individuals;

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Simultaneously, according to the regulations at Point a Clause 4 Article 65 Decree 174/2013/ND-CP, organizations or enterprises providing social network services are subject to a fine ranging from 30,000,000 VND to 50,000,000 VND if they provide false information, slander, distort, insult the reputation of agencies, organizations, or the dignity and honor of individuals.

Article 65. Violations of regulations on the responsibility of organizations, enterprises providing social network services

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4. A fine of 30,000,000 VND to 50,000,000 VND shall be imposed for any of the following acts:

a) Proactively providing false information, slander, distortions, insults to the reputation of agencies, organizations, or the dignity and honor of individuals;

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More seriously, according to the provisions of Article 155, Article 156 Criminal Code 2015, individuals who use Facebook to defame, speak ill of, or insult the honor and reputation of others may also face criminal liability for one of the following crimes: Crime of humiliating others with a maximum imprisonment of 2 years; Crime of slander with a maximum imprisonment of up to 3 years and fines ranging from 10,000,000 VND to 50,000,000 VND.

Article 155. Crime of humiliating others

1. Any person who seriously insults the dignity or honor of another shall be subject to a warning, a fine ranging from 10,000,000 VND to 30,000,000 VND or non-custodial reform for up to 3 years.

2. Committing the crime under any of the following circumstances, the offender shall be subject to a prison term from 3 months to 2 years:

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e) Using computer networks or telecommunications networks, electronic means to commit the crime;

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Article 156. Crime of slander

1. Any person who commits any of the following acts shall be subject to a fine ranging from 10,000,000 VND to 50,000,000 VND, non-custodial reform for up to 2 years, or a prison term from 3 months to 1 year:

a) Fabricating or spreading false information they know to be false, which seriously harms the dignity, honor, or causes harm to the lawful rights and interests of others;

b) Fabricating another person to have committed a crime and falsely denouncing them to the competent authority.

2. Committing the crime under any of the following circumstances, the offender shall be subject to a prison term of 1 to 3 years:

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e) Using computer networks or telecommunications networks, electronic means to commit the crime;

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4. The offender may also be subject to a fine ranging from 10,000,000 VND to 50,000,000 VND, prohibition from holding certain positions, practicing certain professions or doing certain jobs for 1 to 5 years.

- Nguyen Trinh -

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