How to freedom of expression online so as not to violate Vietnamese law?
Freedom of speech is one of the rights of citizens and is protected by law. Citizens have the right to freedom of speech, freedom of the press, access to information, assembly, association, and demonstration. However, this right must be exercised on the basis of law. Some subjects take advantage of the exercise of this right to insult and humiliate individuals; spreading untrue news. So how do exercise the right to freedom of speech be allowed by law? When is this behavior illegal? To clarify this issue, today, LSX Lawfirm will give you an article about “How to freedom of expression online so as not to violate Vietnamese law?“, as follows:
Legal grounds
Constitution 2013
Cybersecurity Law 2018
Decree 15/2020/ND-CP
Citizens’ right to freedom of speech
Article 25 of the 2013 Constitution states:
“Citizens have the right to freedom of speech, freedom of the press, access to information, assembly, association, and demonstration. The exercise of these rights is prescribed by law”.
In cyberspace, citizens’ right to freedom of expression is also protected by law – ensuring that activities in cyberspace do not harm national security, social order, safety, rights, and interests. legitimate interests of agencies, organizations, and individuals. Organizations and individuals operating in cyberspace must comply with the general provisions of the Law on Cybersecurity; Law on Cyber Information Security 2018,….
In Article 8 of the Law on Cybersecurity, it prohibited to act as follows:
False information causes confusion among the people, infringes upon the lawful rights and interests of other agencies, organizations and individuals; Taking advantage of or abuses cybersecurity protection activities to infringe upon the sovereignty, interests, national security, social order and safety, and lawful rights and interests of agencies, organizations or individuals or for-profit;…
Thus, the exercise of citizens’ right to freedom of expression must be within the framework of the Constitution; Legal provisions; consistent with the ethical values, culture, and good traditions of the Vietnamese nation… Individuals who misunderstand; or take advantage of the right to freedom of speech; through social networking platforms to speak indiscriminately; groundless, infringing upon the lawful rights and interests of organizations and individuals; causing disturbance to information, destabilizing the situation of the security and social order, etc. must held responsible before the law.
Dealing with abuse of freedom of speech
Administrative sanctions
Specifically, Violators may administratively sanctioned according to the provisions of Clause 1, Article 101 of the Government’s Decree 15/2020/ND-CP stipulating the sanction of administrative violations in the field of the post, telecommunications, radio frequencies, information technology, and electronic transactions, as follows:
“1. 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 then:
a) Providing and sharing fake information, untruthful information, distorting, slandering, insulting the reputation of agencies or organizations, honor and dignity of individuals then;
b) Providing and sharing information promoting customs, superstitions, superstitions, lewdness, debauchery, not in line with the nation’s fine customs and traditions then;
c) Providing and sharing information detailing the action of slashing, killing, accident, horror, horror;
d) Then Providing, sharing fabricated information, causing confusion among the people, inciting violence, crimes, social evils, gambling, or serving to gamble.,
2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information on the list of State secrets, personal secrets, and other secrets which are not serious enough to be prosecuted for criminal liability. the thing.”.
Criminal handling
So If there are enough elements constituting the crime specified in the Penal Code, the person who commits the act may examined for penal liability for the crime of humiliating others (specified in Article 155 of the Penal Code); or slander (defined in Article 156 of the Penal Code). Even if performing live broadcasts of unverified information content; using abusive language; offending the honor and dignity of others; disregarding the law, may prosecuted for the crime of “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals”, prescribed in Article 331 of the Penal Code then.
Some measures to prevent abuse of freedom of expression
In order to fight and prevent abuse of freedom of expression in cyberspace, it is necessary to implement synchronously the following solutions:
Firstly, education and propaganda raise the responsibility of network users and the spirit of vigilance against rumors. Raising awareness and self-screening capacity of people and communities, forming positive behavior habits in the online environment. This is a key and long-term solution for each citizen to become an effective information filter for themselves and the community then.
Secondly, regularly monitor, survey, evaluate, promptly adjust, supplement and perfect the legal system, mechanisms and policies to help effective management while being consistent with the rules governing administrative culture in social and community activities, while keeping up with the development of social networks.
Thirdly, it is necessary to strengthen technical measures. Specifically; adequate investment in agencies responsible for ensuring security; national cyber security. Recruiting and training a team of experts in information technology; capable of effectively implementing technical measures. At the same time, encouraging the development of Vietnam’s social network; coordinating with major foreign social network service providers, such as Facebook, Google,..; to promptly prevent, handle and eliminate risks affecting social safety; National security.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “How to freedom of expression online so as not to violate Vietnamese law?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Is it fine to buy wild animals in Vietnam to free them?
Copyright protection service in Vietnam
Penalties for people who film and steal other people’s posts online in Vietnam
Related questions
Accordingly, to Point a Clause 1, Article 101 of Decree 15/2020/ND-CP of the Government stipulates penalties for administrative violations in the fields of the post, telecommunications, radio frequency, information technology, and transactions electronically, as follows:
1. A fine of between VND 10,000,000 and 20,000,000; for acts of taking advantage of social networks to commit one of the following acts:
a) Providing and sharing fake information, untruthful information, distorting, slandering, insulting the reputation of agencies or organizations, honor and dignity of individuals;
Accordingly, your above behavior is wrong. Information given is not true, misleading; or offends the reputation and dignity of individuals. You can be fined up to 20 million VND then.
Freedom of the press is one of the basic rights of citizens; to be recognized and protected by the Constitution and the law, expressing opinions through the mass media; their views and feelings on political, economic, cultural and social issues.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “How to freedom of expression online so as not to violate Vietnamese law?“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is How to freedom of expression online so as not to violate Vietnamese law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
