IS IT ALLOWED TO SHARE INFORMATION ON SOCIAL NETWORKS FREELY?

Currently, due to the prolonged situation of the Covid-19 epidemic, plus the rapid development of the Internet, the time spent on social networking sites is more and more. Social networks provide an environment to exchange, connect, and bridge the gap between people. Still, besides that, it is also an environment where objects often take advantage of to entice and post unhealthy information. Therefore, it is essential to understand the regulations as well as your rights when using social networks.

Legal basic:

• Consolidated document 02/VBHN-BTTTT in 2018 on management, provision, and use of internet services and online information issued by the Ministry of Information and Communications “Consolidated Document 02”;

• Decree No. 15/2020/ND-CP of the Government stipulating penalties for administrative violations against regulations on postal services, telecommunications, radio frequencies, information technology and electronic transactions;

• Criminal Code 2015, amended and supplemented in 2017.

1.    What is Social Networking?

Article 3.22 of the Consolidated Document 02 regarding regulations on the concept of social networking site is a system of information that provides its users with services such as storage, provision, use, search, sharing, and exchange of information, including the provision of private websites, forums, online chats, audio and video sharing, and other similar services.

2.    Rights and obligations of social networking site users

Article 26 of the Consolidated Document 02 stipulating rights and obligations of social networking site users, in addition to the rights and obligations of Internet users specified in Article 10 of the Consolidated Document 02 as follows:

•    Using services of the social networking sites, except for the banned services defined by law;

•    Having their private information kept confidential in accordance with law;

•    Complying with the Regulation on management, provision, and use of social networking site services;

•    Taking responsibility for the information stored, provided, and shared on social networking sites or spread via direct links.

This Regulation shows that users of social networks are not free to share information but must comply with the laws mentioned above; in addition, the person sharing information must be solely responsible for the content of the information they transmit, disseminating information through self-established direct links.

3.    Regulations on penalties for sharing false information on social networks

 
Recently, the Government has issued Decree No. 15/2020/ND-CP stipulating penalties for administrative violations against regulations on postal services, telecommunications, radio frequencies, information technology, and electronic transactions, effective from April 15, 2020. Notably, this Decree increases the sanction for taking advantage of social networks to post and share false information.

Accordingly, the act of posting false information on social networks will be administratively sanctioned according to Article 101 of Decree No. 15/2020/ND-CP, specifically as follows:

(i)    A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:

a)    Providing/sharing fake or false information with the aims of distorting, slandering, or damaging the prestige, honor, and dignity of other organizations, authorities, or individuals;

b)    Providing/sharing information with the aims of encouraging unsound customs, superstitions, or pornography, or which is not conformable with the national good traditions and customs;

c)    Providing/sharing information describing in detail acts of cutting off/killing, accidents, horror, and frightful acts;

d)    Providing/sharing fictitious information with the aims of causing a panic among the population, inciting violence, crimes, social evils, gambling, or serving gambling activities;

e)      Providing/sharing journalistic, literature and artworks and other publications without the consent from holders of intellectual property rights over such works, or which are not allowed to be distributed or subject to a distribution prohibition or confiscation decision;

f)    Advertising, disseminating, or sharing information on prohibited goods/services;

g)    Providing/sharing images of Vietnam’s map which does not indicate the entire and accurate national sovereignty;

h)    Providing/sharing paths/links to prohibited information on networks.

(ii)    A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information classified as a state secret, an individual’s privacy, or other secrets if not liable to criminal prosecution.

(iii)    Remedial measures: Enforced removal of false, misleading or violating information in case of commission of any of the violations in Clause 1 and Clause 2 of this Article.

If the consequences of the act of distorting information affect the dignity and reputation of others, in that case, the aggrieved person may initiate a civil lawsuit requesting the person giving the incorrect data to compensate for the damage.

If the rumor is slander, in that case, the person who posted the information may be criminally handled according to Article 156 of the Criminal Code 2015, amended and supplemented in 2017, and can be imprisoned from 3 months to 7 years for slander. Besides, the offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing specific works for 01 – 05 years.

ADK & Co Vietnam Lawyers Law Firm