Posting superstitious videos on social networks is penalized according to Vietnamese law?
Social networks develop rapidly; instead of using social networks effectively; in many cases, people use them to spread bad information; negative people like posting superstitious videos online. So according to current regulations; How is the act of posting superstitious videos on social networks? Today, LSX Lawfirm will give you an article about “Posting superstitious videos on social networks is penalized according to Vietnamese law?“, as follows:
Legal grounds
Decree 115/2020/ND-CP on recruitment, employment, and management of public employees
Penal Code 2015 amended and supplemented in 2017.
What is superstition?
Accordingly to Wikipedia, superstition is a phrase; only beliefs in a supernatural causal relationship; one of the events or actions that will lead to the events; or other activities without any physical process linking the two events such as omens, or enchantments. Superstition contradicts natural science or is anti-scientific. Accordingly, practicing superstition will punish according to regulations. Superstition is believing in vague things; incompatible with nature leading to bad consequences for individuals and families; community in terms of health, time, property, and life.
Superstition includes the acts of grandparents and midwives; belief in divination tattooing, believe in good days and bad months; belief in the face of the cowardly, belief in the palm of the hand to see the general, belief in the worship of stars, worship the term, worship the ice cream; believe in talismans and spells, belief in praying for disaster relief.. or even posting superstitious videos on social networks; also show that they support or exhibit superstitious behavior.
Currently, the transmission and sharing of ideas about superstitions in the law prohibit because of the bad consequences that it brings; makes people believe in nothingness, and unrealistic illusions and thereby causes damage to life and health; affecting everyone around. The act of posting superstitious videos on social networks, depending on the extent and consequences of the behavior, maybe administratively sanctioned or examined for criminal liability.
What is Social Networking?
A social network can be understood as a website or online platform with many different formats and features, making it easy for people to connect from anywhere.
Social networks can easily access from many means and devices such as computers, phones,… For example, some social networks used commonly in Vietnam:
+ Facebook: The most popular social network today. Users can create an account by phone number or email.
+ YouTube: A social networking site for sharing videos, people with YouTube accounts can access it by phone or computer.
+ Instagram: Free photo and video sharing application on phones and computers. You can upload images or videos to Instagram and share them with a group of friends, who can view, comment on, and like your posts.
Features of social networks
Although social networks exist under many different models, in general, social networks have the following common points:
+ Firstly, a Social network an application used on the Internet platform.
+ Secondly, All content on social networks created and shared by users themselves.
+ Thirdly, Each user on a social network must create a separate account and profile.
+ Finally, Social networks will connect user accounts to other personal and organizational accounts through virtual accounts created by users.
Posting superstitious videos on social networks?
Administrative sanctions for posting superstitious videos on social networks
Administrative penalties for posting superstitious videos on social networks; According to Point b, Clause 1, Article 101 of Decree 15/2020/ND-CP, specifically:
A fine ranging from VND 10 million to VND 20 million shall impose for taking advantage of social networks to provide and share information to promote obscenity, superstition, superstition, and lewdness, debauchery, incompatible with the pure. customs and traditions of the nation.
Remedy: Forced removal of false or misleading information or information that violates the law.
“Article 101. Violations against regulations on responsibility for using social networking services
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall impose for taking advantage of social networks to commit one of the following acts:
a) Firstly, Providing and sharing fake information, untruthful information, distorting, slandering, insulting the reputation of agencies or organizations, honor and dignity of individuals;
b) Secondly, Providing and sharing information promoting customs, superstitions, superstitions, lewdness, and debauchery, which are not in line with the nation’s fine customs and traditions;
Pursuing criminal liability for posting superstitious videos on social networks
The act of posting superstitious videos on social networks, causing serious consequences, maybe prosecuted for penal liability according to the provisions of Article 320 of the Penal Code 2015 on the crime of practicing superstition and superstition as follows:
1. Those who use divination, sorcery, or other forms of superstition and superstition have administratively sanctioned for this act or have sentenced for this crime, have not yet had their criminal record cleared but continue to commit it. , shall be subject to a fine of between VND 10,000,000 and 100,000,000, non-custodial reform for up to 3 years, or a prison term of between 6 months and 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall sentence to between 3 and 10 years of imprisonment:
a) Firstly, Causing death;
b) Secondly, Gaining illegal profits of VND 200,000,000 or more;
c) Thirdly, Causing adverse effects on social security, order, and safety.
3. Offenders may also fine from VND 10,000,000 to VND 50,000,000
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Related questions
Accordingly to Point b, Clause 2, Article 20 of Decree 119/2020/ND-CP stipulates as follows:
A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the following acts: Providing information with contents promoting customs, superstitions, superstitions, mystical stories causing confusion in society, photos adversely affecting social order and safety and the health of the community then;
Thus, in the case of organizations providing information, they may be fined up to 30 million VND. This fine is the penalty level for organizations (Clause 2, Article 4 of Decree 119/2020/ND-CP).
Accordingly to Point b, Clause 4, Article 14 of Decree 38/2021/ND-CP, violating regulations on festival organization, there are regulations: A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for participating in superstitious activities during festivals. Thus, the act of participating in superstitious activities during the festival will be fined from 3,000,000 VND to 5,000,000 VND then.
Accordingly to Article 8 of Decree No. 119/2020/ND-CP issued on October 7, 2020, the Government, stipulates the act of illegally obstructing press activities as follows: “3. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for the following acts: b) Posting and broadcasting information promoting customs, superstitions, and superstitions; …” Remedial measures: Forced removal of untruthful information, information in violation of law provisions published or broadcast on electronic newspapers, electronic magazines, audio, and video newspapers.
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