The buzz on social media has yet to show signs of abating. One drama subsides, and another drama appears. Virtual space and social networks are always alive with all kinds of drama. In addition to entertainment features, many people use social networks to carry out malicious purposes, infringing on the legitimate rights and interests of many individuals and organizations in society. Social blunders are hard to avoid in cyberspace today. Following in the footsteps of Ms. Nguyen Phuong Hang – General Director of Dai Nam Joint Stock Company when she was prosecuted and detained by the Ho Chi Minh City police authorities for the act of “Abusing the rights to freedom and democracy to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals” stipulated in Article 331 of the penal code, lawyer Tran Van Sy, lawyer for journalist Han Ni, also received similar penalties for misconduct due to using social networks. Further still, is the extravagant actions of Miss Ngoc Trinh, Trang Nemo, and the scandal of Miss Nam Em. All of the afore mentioned carry appropriate penalties. This once again shows that the law will punish acts of arrogance and false statements. Social blunders in cyberspace should be avoided because complacency will invariably lead to regret!

How is individual freedom in cyberspace regulated?

All citizens have the right to freedom of expression as stipulated in Article 25 of the 2013 Constitution: Citizens have the right to freedom of speech, press, access to information, assembly, association, and demonstration. The exercise of these rights is provided for by law. Therefore, every individual has the right to freedom of expression in the media, and in cyberspace, but absolutely must comply with the limits permissible by law. That’s the limit for cyber users. Limiting acts that must not infringe is specified in Article 8 of the Law on Cybersecurity 2018. Specifically, individuals and organizations must not:

• Using cyberspace to commit acts of collusion, incitement, bribery, deception, enticement, anti-state, distortion of history, denial of revolutionary achievements, undermining the great national unity, insulting religion, gender discrimination, and racism; False information causes confusion among the people, causes damage to socio-economic activities, causes difficulties in the operation of state agencies or persons performing public duties, infringes upon the legitimate rights and interests of other agencies, organizations, and individuals; Prostitution activities, social evils, posting lewd and depraved information, destroying fine customs and social morals; Inciting, enticing, and inciting others to commit crimes.
• Carrying out cyber attacks, cyberterrorism, cyber espionage, and cybercrime; causes incidents, attacks, intrusions, hijacking, falsifying, interrupting, stalling, paralyzing, or sabotaging important national security information systems.
• Producing or putting into use tools, means, and software or obstructing or disrupting the operation of telecommunications networks, the Internet, computer networks, information systems, information processing and control systems, and electronic means; disseminating informatics programs that harm the operation of telecommunications networks, the Internet, computer networks, information systems, information processing, and control systems, electronic media; unauthorized intrusion into telecommunications networks, computer networks, information systems, information processing and control systems, databases and electronic means of others.
• Resisting or obstructing the operation of cybersecurity protection forces; illegally attacking and disabling invalidating cybersecurity protection measures.
• Taking advantage of or abusing cybersecurity protection activities to infringe upon the sovereignty, interests, national security, social order, safety, legitimate rights, and interests of agencies, organizations, and individuals or for profit.

Thus, the exercise of citizens’ rights to freedom of expression must be within the framework permitted by the Constitution and law and must be consistent with the moral, cultural, and fine traditional values of the Vietnamese nation. Individuals who misunderstand or abuse their right to freedom of expression through social networking platforms to make indiscriminate and groundless statements, infringe upon the legitimate rights and interests of organizations and individuals, disturb information, and destabilize the security and social order environment, must be responsible before the law and must receive just punishment. Model Ngoc Trinh, lawyer Tran Van Sy, lawyer journalist Han Ni and others are representative of the consequences to be endured for violations when using excessive restrictions on freedom of expression.

Administrative penalties for violating regulations on the use of defamatory, slanderous, and false social networks

The Code of Conduct on social networks, the Law on Cybersecurity, as well as the decree on the management of the provision and use of Internet services, are limits that individuals and organizations using cyberspace need to know so as not to make mistakes. The law will penalize all misconduct in the use of social networks. The form of warning, fine, or criminal prosecution will depend on the seriousness of the violation and the consequences of the violation in cyberspace. Violations at the level of administrative handling are specified in Article 101 of Decree 15/2020/ND-CP dated February 03, 2020:

• A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for taking advantage of social networks to commit one of the following acts: Supplying and sharing fake information, false information, misrepresentation, slander, insulting the reputation of agencies, organizations, the honor and dignity of individuals; providing and sharing information that promotes customs, superstitions, lewdness, debauchery, inconformity with the fine customs and traditions of the nation; providing and sharing information that meticulously depicts the act of slashing, killing, accident, horror; providing or sharing fabricated information, causing confusion among the People, inciting violence, crime, social evils, gambling or serving gambling; supplying and sharing works of journalism, literature, art or publications without the consent of intellectual property rights holders or without permission for circulation or with decisions banning circulation or confiscation; advertising, propagating and sharing information about prohibited goods and services; providing and sharing images of Vietnamese maps that do not show or improperly represent national sovereignty; providing and sharing links to information on the network with prohibited content.
• A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of disclosing information on the lists of state secrets, private life secrets of individuals, and other secrets that have not reached the level of being examined for criminal liability.

The above penalties are imposed for administrative violations of the organization. For individuals, Clause 3, Article 4 of this Law stipulates: In case an individual commits violations such as those of an organization, the fine will be equal to 1/2 of the fine imposed on the organization.

There are also civil compensation penalties in cases where individuals post and share false or illegal information that causes damage to honor, dignity, and reputation for others as prescribed in Article 592 of the 2015 Civil Code. Pursuant to Article 592 of the 2015 Civil Code, in cases of cursing causing damage to the honor dignity, and prestige of others, the following amounts must be compensated to the victim: reasonable costs to limit and remedy damages or cases where real income is lost or diminished. Other damages provided by law include compensation of a determined sum to compensate for the emotional loss suffered by the victim. The amount of compensation to compensate for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum amount for a person whose honor, dignity, or prestige is violated shall not exceed 10 times the base salary prescribed by the State.

Criminal penalties for violations of regulations on the use of social networks

Criminal sanctions shall be imposed on individual violators if they fall into the elements constituting crimes stipulated by the 2015 Criminal Code, amended and supplemented in 2017. Depending on the nature, extent, and type of act, one or several crimes will be committed as prescribed in this Code. Concrete:

• Imprisonment ranges from 05 years to 20 years for acts of storing, disseminating, or propagandizing information, materials, and products that aim to oppose the State of the Socialist Republic of Vietnam specified in Article 117.
• Warning, re-education without detention for up to 03 years or imprisonment from 06 months to 07 years for abusing the rights to freedom and democracy to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals for crimes specified in Article 331.
• Warnings, fines ranging from VND 10,000,000 to VND 30,000,000, or non-custodial rehabilitation for up to 03 years for crimes specified in Article 155 for humiliating others. In addition, offenders may also be prohibited from holding office, practicing, or doing certain jobs from 01 year to 05 years.
• A fine ranging from VND 10,000,000 to VND 50,000,000 or non-custodial rehabilitation for up to 02 years or imprisonment from 03 months to 05 years for slander, fabrication, or propagation of what is known to be false to seriously offend dignity and honor or damage rights, the legitimate interests of others, fabricate or impersonate the identity of others to commit crimes and then to denounce them before competent authorities in accordance with Article 156. In addition, offenders may also be banned from holding office, and prohibited from practicing or doing certain jobs from 01 year to 05 years.
• A fine of from VND 30,000,000 to VND 200,000,000, a penalty for rehabilitation without detention for up to 03 years or imprisonment from 06 months to 03 years, a ban from holding office, a ban from practicing or doing certain jobs from 01 year to 05 years for the crimes of illegally inputting or using computer network information, telecommunications networks, infringement on personal secrets shall adversely affect security, social order, and safety specified in Article 288.

Virtual space is a place where people can interact, share, and express their personalities and opinions, which has become a very real need for the vast majority of users today. However, citizens should exercise caution with statements in cyberspace! It is a reminder and a wake-up call not only for any individual using social networks. The law will strictly punish all deviant and wrong acts when causing a negative impact on social networks no matter who that person is, lawyers, law-savvy journalists, or extravagant individuals who dream of becoming celebrities.

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