Vietnam: Insulting another person's honor on Facebook will be fined up to VND 20 million

To prevent acts of using comments, threatening words, cursing, libel, slander, and insulting the honor of others on social networks, especially Facebook, the law clearly stipulates penalties for this behavior as follows:

First: Insulting the honor of others will be fined up to VND 20 million

According to Point a Clause 1 Article 5 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government, a fine of between VND 100,000 and 300,000 shall be imposed for having gestures and words which are rude, provocative, teasing or insulting to the honor and dignity of others.

Besides, according to Point a Clause 1 Article 101 of Decree No. 15/2020/NĐ-CP of Vietnam’s Government, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals.

Concurrently, individuals working in the field of journalism and publishing committing acts of posting false information that is biased to distorts or offend the honor, prestige of the corporate or the honor and dignity of the individual shall be fined from VND 25,000,000 to VND 35,000,000 according to Clause 2 Article 4 and Clause 5 Article 8 of Decree No. 119/2020/NĐ-CP of Vietnam’s Government (effective from December 01, 2020).

Thus, according to the above-mentioned regulations, people who text or comment to defame, distort, slander, or insult others on social networks (Facebook, Zalo, Instagram, Twitter, etc.) will be fined up to VND 20 million. In particular, individuals working in the field of journalism and publishing committing acts of posting false information that is biased to distort or offend the honor, prestige of the corporate or the honor and dignity of the individual shall be fined from VND 25,000,000 to VND 35,000,000 from December 01, 2020.

Moreover, according to Clause 2 Article 592 of the Civil Code 2015 of Vietnam, a person causing harm to the honor, dignity or reputation of another person must pay compensation for damage together with another amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed ten-month base salary prescribed by the State (the current base salary is VND 1,490,000).

Second: Insulting another person's honor can be punished with up to 5 years in prison

In addition to being administratively sanctioned, individuals who commit acts of insulting the honor of others through comments and messages on social networks, depending on the severity of the violation, may also be prosecuted for criminal liability for the crime of Insults to another person. Specifically, according to Article 155 of the Criminal Code 2015 of Vietnam:

Article 155. Insults to another person

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 offense committed in any of the following circumstances carries a penalty of 03 months - 02 years' imprisonment:

a) The offense has been committed more than once;

b) The offense is committed against 02 or more people;

c) The offense involves abuse of the offender's position or power;

d) The offense is committed against a law enforcement officer in performance of his/her official duties;

dd) The offense is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

e) The offense is committed using a computer network, telecommunications network or electronic device;

g) The victim suffers from 11% - 45% mental and behavioral disability because of the offense.

3. This offense committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offense;

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.

Thus, according to the above-mentioned regulations, anyone who seriously offends the dignity and honor of others on social networks will be sentenced to imprisonment from 03 months to 02 years. Moreover, if this act causes mental and behavioral disorders of the victim with a bodily injury rate of 61% or higher or causes the victim to commit suicide, he or she will be sentenced to up to 5 years in prison. Concurrently, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Above is the advice of LawNet on penalties for insulting the honor of others on social networks. People should use social networks in a civilized manner, should not have comments, threatening words, cursing, libel, slander, or insulting the honor of others.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE