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Pursuant to Article 8 of the Law on Cybersecurity 2018, the law clearly stipulates prohibited acts to ensure safety and order in cyberspace. These include:

Using cyberspace to commit violations such as:

– Acts specified in Clause 1, Article 18 of this Law;

– Organizing, operating, colluding, instigating, bribing, deceiving, luring, training, or coaching others to oppose the Socialist Republic of Vietnam;

– Distorting history, denying revolutionary achievements, undermining the great national unity bloc, offending religions, committing gender or racial discrimination;

– Spreading false information that causes public confusion, damages socio-economic activities, obstructs the operations of state agencies or officials on duty, or infringes upon the lawful rights and interests of other agencies, organizations, and individuals;

– Engaging in prostitution, social evils, human trafficking; posting obscene, pornographic, or criminal content; undermining national traditions, social ethics, and community health;

– Inciting, enticing, or instigating others to commit crimes.

+ Conducting cyberattacks, cyberterrorism, cyberespionage, or cybercrime; causing incidents, attacks, intrusions, seizures of control, falsifications, disruptions, paralysis, or destruction of information systems important to national security.

+ Producing, putting into use tools, equipment, or software, or engaging in acts that obstruct or disrupt telecommunications networks, the Internet, computer networks, information systems, or information processing and control systems; spreading harmful software that disrupts such systems; illegally infiltrating telecommunications networks, computer networks, information systems, information processing and control systems, databases, or electronic devices of others.

+ Opposing or obstructing the activities of cybersecurity protection forces; unlawfully attacking or disabling cybersecurity protection measures.

Exploiting or abusing cybersecurity protection activities to infringe upon national sovereignty, interests, security, social order and safety, or the lawful rights and interests of agencies, organizations, or individuals, or for personal gain.

From the above provisions, it can be seen that posting, sharing, or spreading false information on social media falls under the group of prohibited acts as provided in Point d, Clause 1, Article 8 of the Law on Cybersecurity 2018.

2. How can a person who spreads false information on social media be handled?

Administrative Penalties

According to Article 99 of Decree 15/2020/ND-CP (amended and supplemented by Decree 14/2022/ND-CP), the penalties for providing or sharing false information on social media are specifically prescribed as follows:

Fine from VND 5,000,000 – 10,000,000

Applied to acts of providing incomplete or inaccurate information about the name of the organization managing the electronic information page, the name of the supervisory agency (if any), contact address, email, phone number, or the name of the person responsible for managing the content on the homepage of the electronic information page.

Fine from VND 10,000,000 – 20,000,000

Applied to acts such as:

– Providing or sharing links to online information that contains content in violation of the law;

– Propagating or inciting violence, obscenity, pornography, crime, social evils, superstition, or undermining national traditions and customs.

Fine from VND 20,000,000 – 30,000,000

Applied to more serious acts, such as:

– Providing false information, distortion, slander, insulting the reputation of organizations or the honor and dignity of individuals;

– Posting, broadcasting, or using images of Vietnam’s map that do not fully display or incorrectly display national sovereignty;

– Advertising, promoting, or trading prohibited goods and services;

– Impersonating the electronic information page of other organizations or individuals;

– Posting or broadcasting journalistic, literary, artistic works, or publications without the consent of the intellectual property rights holder, or when such works are banned or confiscated.

In addition to monetary fines, violators may also be subject to:

Additional sanctions: confiscation of violating materials and means.

Remedial measures:

– Forced removal of links to false or misleading information, or information violating the law, for violations under Clauses 2 and 3, Article 99 of Decree 15/2020/ND-CP;

– Forced revocation or return of domain names used in the commission of violations under Clauses 2 and 3, Article 99 of Decree 15/2020/ND-CP.

Thus, spreading false information on social media may be strictly handled with administrative sanctions under Article 99 of Decree 15/2020/ND-CP (amended by Decree 14/2022/ND-CP). The fine may range from VND 5 million to VND 30 million, along with additional sanctions and remedial measures.

In addition to administrative sanctions, such acts may also lead to criminal liability in many cases.

Crime of Slander – Article 156 of the Criminal Code 2015 (amended and supplemented 2017)

A person who fabricates or spreads information that they know to be false with the purpose of seriously offending the dignity or honor of others, or causing damage to their lawful rights and interests, shall be criminally liable for slander.

Fine from VND 10,000,000 to 50,000,000, non-custodial reform up to 02 years, or imprisonment from 03 months to 01 year:

Applied to those who:

– Fabricate or spread false information to seriously offend the honor and dignity of others or cause damage to their lawful rights and interests;

– Fabricate crimes and denounce others before competent authorities.

Imprisonment from 01 year to 03 years:

Applied to acts committed:

– In an organized manner;

– By abusing position or power;

– Against two or more persons;

– Against grandparents, parents, teachers, caregivers, or healthcare providers;

– Against persons performing official duties;

– Using computers, telecommunications networks, or electronic means to commit the offense;

– Causing mental and behavioral disorders to the victim with a bodily harm rate of 31% to 60%;

– Slandering others for committing very serious or especially serious crimes.

Imprisonment from 03 years to 07 years:

Applied to acts committed:

– For despicable motives;

– Causing mental and behavioral disorders to the victim with a bodily harm rate of 61% or more;

– Leading the victim to commit suicide.

Additional penalties:

The offender may also be fined from VND 10,000,000 to 50,000,000, banned from holding positions, practicing certain professions, or doing certain jobs for 01 to 05 years.

Crime of Abusing Democratic Freedoms – Article 331 of the Criminal Code 2015 (amended and supplemented 2017)

In cases where violators abuse the rights to freedom of speech, freedom of the press, belief, assembly, or association to post or share false information that infringes upon the interests of the State or the lawful rights and interests of organizations and individuals, they may be handled under Article 331.

+ Any person who abuses these freedoms to infringe upon the interests of the State, the lawful rights and interests of organizations or individuals shall be subject to a warning, non-custodial reform of up to 03 years, or imprisonment from 06 months to 03 years.

+ If the offense adversely affects national security, social order, or safety, the penalty shall be imprisonment from 02 years to 07 years.

Thus, in many cases, spreading false information is not limited to administrative sanctions but may also result in criminal prosecution. The penalty may be up to 07 years of imprisonment, along with severe additional penalties.

In addition to administrative or criminal sanctions, violators must also bear civil liability, such as compensation for material and moral damages caused to those affected by the false information.

According to the Civil Code 2015:

+ A person causing damage must compensate for all material damages (remedial expenses, business losses, lost or reduced income).

They must also compensate for mental distress caused by the infringement of honor, dignity, or reputation. The level of compensation shall be agreed upon by the parties; if no agreement is reached, the Court shall decide.

Social media is a tool for quick connection, sharing, and receiving information, but it also contains many legal risks if users are careless or lack legal knowledge when posting or sharing content. Social media users must pay special attention: verify information before sharing, respect the lawful rights and interests of others, and be aware of prohibited acts under the Law on Cybersecurity.

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