Eavesdropping on a Lover's Messages May Result in Incarceration

When does snooping on a lover's messages lead to imprisonment? - Illustrative photo

Regarding this issue, the Editorial Board of THU KY LUAT answers as follows:

According to Article 21 of the 2013 Constitution, everyone has the right to secrecy of correspondence, telephone, telegraph, and other private forms of information exchange. No one is allowed to illegally open, control, or seize correspondence, telephone, telegraph, and private forms of information exchange of others. This right is reaffirmed in Article 38 of the 2015 Civil Code, where it states that the right to personal privacy is respected and protected by law. Correspondence, telephone, telegraph, and other private electronic forms of information of individuals are guaranteed to be safe and secret.

Thus, it can be seen that the act of snooping on others' Facebook or Zalo messages without their consent is a violation of the law and can be subject to criminal prosecution in some cases.

To be specific, the act of couples reading each other's Facebook or Zalo messages, depending on the severity, could result in criminal liability with a maximum penalty of up to 3 years in prison according to Article 159 of the 2015 Criminal Code concerning the Crime of Infringing on the Secrecy or Safety of Correspondence, Telephone, Telegraph, or Other Private Forms of Information Exchange of Others as follows:

A warning, a fine ranging from VND 20,000,000 to VND 50,000,000, or non-custodial reform for up to 3 years shall be imposed on acts that infringe on the secrecy or safety of correspondence, telephone, telegraph, telex, fax, or other private forms of information exchange of others that have been previously disciplined or administratively sanctioned for the same act and then re-offend, specifically including:

- Seizing others' correspondence, telegraphs, telex, fax, or other documents sent via postal and telecommunications networks in any form;

- Intentionally damaging, losing, or taking the information, contents of correspondence, telegraphs, telex, fax, or other documents of others sent via postal and telecommunications networks;

- Illegally listening to or recording conversations;

- Illegally searching or seizing correspondence, telegraph;

- Other acts infringing upon the secrecy or safety of correspondence, telephone, telegraph, telex, fax, or other private forms of information exchange of others.

Imprisonment from 1 to 3 years if there are aggravating circumstances:

- Disclosing acquired information that affects the honor, reputation, or dignity of others;

- Causing the victim to commit suicide;

- Committing the crime in an organized manner;

- Abusing position or power;

- Committing the crime more than twice.

In addition, the perpetrator may also be fined from VND 5,000,000 to VND 20,000,000 and prohibited from holding certain positions for 1 to 5 years.

Therefore, it can be seen that when couples, in love, arbitrarily check each other's phones and messages, it is a violation of the law, specifically a violation of others' personal privacy rights. However, depending on the severity and nature of the act, the person may be subject to administrative penalties or more severe, criminal prosecution. Particularly, if a couple snoops on the lover's messages and then discloses the information, affecting the lover's honor, reputation, or dignity, or causing the lover to commit suicide, they may be subject to imprisonment from 1 to 3 years.

Nguyen Trinh

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