Insults and Defamation on Facebook: Is It a Violation?

In reality, the content posted on a user's Facebook nowadays does not just revolve around life stories and personal images but also includes individual opinions on various matters. Nonetheless, some people inadvertently exploit this platform to make derogatory comments and offensive statements about other individuals and organizations.

The most recent example is a debate among judges in a music talent show. Many involved parties posted statuses on their personal pages to defend their views, including artist TL, who shared candid opinions on Facebook. However, the artist subsequently faced critical comments from the public, who went as far as digging up the artist's past. Amid this tense situation, the artist’s daughter spoke out to defend her mother, though she also unintentionally used very strong language towards those disparaging her mother, referring to them as "immature" and "ill-mannered." She criticized the act of digging up past issues and insulting others as cowardly deeds. These comments garnered significant attention from the public.

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Such instances of cursing and slandering are prevalent not only among celebrities in the showbiz industry but are even more common among the youth today. It seems that the open, public policies of social networks have granted users uninhibited freedom of speech. While those making or writing outrageous comments may feel a sense of satisfaction, the recipients often feel distressed and insulted, leading to severe consequences such as suicide or familial discord.

The 2013 Constitution stipulates that “Citizens have the right to freedom of speech,” but citizens should not use this right to "let loose" their language indiscriminately anywhere or towards anyone. Using vulgar, offensive language might seem normal, natural, and habitual to some, but when such words are posted on social networks, it becomes a significant issue. Our ancestors said, “Words are cost-free; choose them wisely to please others.” However, social networks today feature more criticism and insults than praise. Many do not realize that their abusive language constitutes a legal violation until the victims seek intervention from competent authorities.

Acts of cursing, insulting, and offending the honor and dignity of others on social media, depending on the nature and consequences, can be subjected to either administrative fines or criminal prosecution.

According to Article 5 of Decree No. 167/2013/ND-CP, administrative penalties in the field of public security, social order, and safety can include a warning or a fine ranging from 100,000 VND to 300,000 VND.

Offensive and vulgar comments shared on social media or on someone else's wall that seriously infringe on another person's honor and dignity, causing severe consequences, can be criminally prosecuted under Article 258 of the 1999 Penal Code for abusing democratic freedoms to infringe on the interests of the State, the lawful rights, and interests of organizations and citizens, with penalties including: a warning, non-custodial reform for up to three years, or imprisonment from six months to three years. In serious cases, offenders can be imprisoned from two to seven years.

Additionally, if the managers of social networking sites or forum creators allow members to freely engage in vulgar activities without stringent management, they can be penalized under Articles 63, 64, 65 of Decree 174/2013/ND-CP for violations of information regulations with fines ranging from 5 million VND to 50 million VND, depending on the nature of the violation, or face criminal prosecution under Article 226 of the 2009 Amended Penal Code for unauthorized use of computer network information, telecommunication networks, or the Internet, with penalties including: fines from 10 million VND to 100 million VND, non-custodial reform for up to three years, or imprisonment from six months to three years. In severe cases, offenders can be imprisoned from two to seven years.

Facebook and other social networks have dual aspects; thus, users must be prudent and discerning in their sharing and commenting. Be a sophisticated, responsible user of information technology.

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