With the development of network technology, the online social network formed on the basis of social media has become an important part of interpersonal activities. There is no doubt that social media has greatly impacted the way that we connect and communicate with one another. However, social networks are filled with a large amount of misinformation, which often misleads the public to make wrong decisions, stimulates negative public emotions, and poses serious threats to public safety and social order. The spread of misinformation in social networks is becoming a widespread concern as false news online travels farther, faster, deeper, and more broadly than the truth.

Spread of fake news on social media platforms is a global concern. The spread of rumors and misleading information on social media platforms not only cause public concern and pose a threat to the public’s physical and psychological health but also bring serious challenges to the governance and stability of social order.

In Viet Nam, during the 2021 – 2022 period, functional bodies have imposed fines of over VND 6 billion on individuals and organizations for the dissemination of fake news or rumours on social media. However, the fine amount is too small that does not match up to real harm effects on the society. Those who spread fake news are currently divided into 3 groups. The first group comprises people who  intentionally pose disinformation on social media from their negative thinking and distortions. The second ones consist of those who donot know all the facts, but rely on their limited knowledge to spread false information. The third ones comprise those who are ready to share unverified information in order to get more social media views .

In their efforts to fight fake news, many countries have enacted laws to guide their citizens to spot false news or disinformation, as well as help their management agencies take actions to stop the spread of fake news.

On June 12, Viet Nam’s National Assembly  passed the Law on Cybersecurity with a huge majority, and the law took effect on January 1, 2019. The law is the legal basis of Viet Nam government to enforce the country’s policies against misinformation and false news in a drastic and powerful way.

On February 3, 2020, the Vietnamese Government issued Decree No. 15/2020/ ND-CP providing penalties for administrative violations in the fields of postal services, telecommunications, radio frequency, information technology, and electronic transactions. This Decree replaced Decree No. 174/2013/ND-CP on penalties in the technology and telecom sectors that was issued in 2013, and  it came into effect on April 15, 2020.

One of the most notable features provided by Decree 15 is the introduction of specific administrative penalties for users who post or share fake news on social networks, which are imposed in addition to any civil and/or criminal liabilities related to distortion, slander, defamation and the like.

Penalties for Social Network Users

Decree 15 sets out the penalties for violations of regulations on the use of social networks. These include administrative fines of between VND 10 million and VND 20 million on social network users who commit the following violations:

• Posting or sharing false information (fake news) or untruthful, distorted, or slanderous information that offends the reputation of agencies or organizations or the honor and dignity of individuals;
• Posting or sharing fabricated information that causes panic among the population or incites violence, crime, social evils or gambling, or that serves gambling activities;
• Advertising, promoting, or sharing information about banned goods and services.

Higher administrative fines of VND 30 million to VND 50 million are imposed on posting or sharing links to websites and applications with illegal content (distorted, unreliable, or inaccurate information) according to regulations stated in Clause 36, Article 1 of Decree 14/2022/ND-CP.

Moreover, in all of the above cases, the violators are also be required to remove the fake news or violating content that was posted or shared.

Penalties for Social Network Providers

VND 50milion -70 million is the maximum penalty for social network providers who fail to block or remove violating information (including fake news) from their platforms, and/or who intentionally provide, store, or transmit the violating content, or information that is considered not to be in the country’s interest, in accordance with regulations as stated in Clause 3, Article 100 of Decree 15/2020/ND-CP.

Violating social network providers are required to remove the fake news or violating content that was posted or shared, and be subject to suspension of their social network license and/or revocation of their social network’s domain name.

Administrative penalties and criminal consequences are based on the scope and severity of a violation in accordance with the regulations under Decree 15.

Decree 15 also imposes additional penalties on social network providers who fail to prevent fake news from being posted on their social networks.

In particular, Article 155 of the Amended 2015 Penal Code  imposes a sentence of imprisonment between 3 months and two years and an additional fine of VND 10 million – VND 30 million for spreading false information that offends the honor and dignity of individuals. In addition, violating social network providers are subject to suspension of their social network license for 1 to 5 years.

- Article 156 of the Amended 2015 Penal Code which was replaced with Clause 2, Article 2 of the Amended 2017 imposes a sentence of imprisonment between 1 year and 3 years and an additional fine of VND 10 million – VND 50 million for spreading misinformation that injures another person's reputation or character.  In addition, violating social network providers are subject to suspension of their social network license for 1 year to 5 years.

- Abusing democratic freedoms to infringe upon the interests of the state, lawful rights and interests of organizations and/or citizens is subject to non-custodial sentences up to 3 years or a sentence of imprisonment between 6 months and 3 years.

- A sentence of imprisonment between 2years and 7 years is imposed on those who negatively affect social security, order and safety.

- Making, storing, spreading or propagating information, materials or items for the purpose of opposing the State of Socialist Republic of Viet Nam will be sentenced to 5-12 years in prison under the amended 2017 Penal Code.

Penalties in Other Fields

In addition to the stipulated penalties on fake news, the administrative penalties on various other violations in the fields of postal services, telecommunications, radio frequency, information technology and electronic transactions have also been overhauled. For example, penalties related to data privacy and security have been slightly increased. Notably, penalties on violations related to collecting personal information without consent are increased from VND 10 million to VND 20 million, and penalties on violations related to adopting adequate cybersecurity measures are increased from VND 20 million to VND 50 million.

It can be said that the fake news problem is posing serious challenges for the government, businesses, society and people of Viet Nam. Spotting fake news and understanding the provisions of the law on Cybersecurity are urgent tasks for not only law enforcement agencies but also social network providers and users across Viet Nam in order to stop the spread of fake news on the internet.

Reporting by LE MINH CHAU – Translating by H.L