Will setting up Facebook to impersonate other people be handled according to the provisions of Vietnamese criminal law?
“I was taken by a person who took my profile picture, set up a fake Facebook, then staged messages I had sex with, took screenshots, and posted them online. This person used that fake Facebook to make friends with my relatives and family. . how? Will setting up Facebook to impersonate other people be handled according to the provisions of Vietnamese criminal law? Looking forward to helping my counsel. I sincerely thank Lawyer.”
Accordingly to Clause 1, Article 156 of the Penal Code, anyone who fabricates or spreads things that known to be untrue in order to seriously offend the dignity and honor or cause damage to the lawful rights and interests of others. maybe prosecuted for criminal liability for slander. To answer your questions, today, LSX Lawfirm will give you an article about “Will setting up Facebook to impersonate other people be handled according to the provisions of Vietnamese criminal law?”, as follows:
Legal grounds
Civil Code 2015
Penal Code 2015 amended and supplemented in 2017
Decree 15/2020/ND-CP
What is Social Networking?
A social network also known as Social Network is an application; or a website that connects people anywhere; anyone via internet service; helping users to share interests and exchange necessary information with each other. A social network for all users, regardless of gender, age, region… Users can connect with each other no matter where they are, as long as they have the internet.
In recent times, many social networks have developed and operated; eg: Facebook, and Youtube. According to statistics in Vietnam, there are more than 100 licensed social networks; for example ha halo, gap, lotus…
How can the act of impersonating another person be punished?
In life, there are many objects for different purposes that impersonate others. Taking advantage of social networks, and cyberspace, fake acts made easier. Usually, the act of forgery done to achieve a specific purpose, which can the deliberate impersonation of a person to attack, insult the honor and dignity of that person or another person; impersonating individuals or organizations for the purpose of defrauding and appropriating property; impersonating to gain material and spiritual benefits… Depending on the purpose different details of the actual impersonation to determine the type of violation that the subjects have committed. It may mentioned as:
- Firstly, If an act of impersonation performed on the internet to misrepresent or offend other organizations or individuals, such an act may consider a violation of Point d, Clause 2, Article 12 of the Law on Information Technology. 2006. Depending on the nature and seriousness of their violations, they will discipline, administratively, or criminally handled. If causing damage, they must pay compensation in accordance with civil law.
- Secondly, If the act of impersonation is to commit fraudulent acts to appropriate property, they may criminally handled for fraud to appropriate property according to the provisions of article 174 of the Penal Code 2015, amendments and supplements 2017.
Creating Facebook to impersonate other people is criminally handled?
In case of using computer networks or telecommunications networks or electronic means to commit crimes, they may prosecute according to Clause 2 of this Article with a prison term of 1-3 years.
For the act of using fake Facebook to borrow money from the victim’s relatives, they may criminally prosecuted for the crime of Fraud to the appropriate property then.
Thus, to protect your legitimate rights and interests, you need to make a report to the investigating agency where you live to protect by law. In case you know who the violator is, you should immediately notify the investigating agency to promptly take measures to prevent and handle it. Depending on the nature, level of danger and consequences caused, violators may administratively sanctioned or examined for penal liability then.
However, in reality, dealing with violations in cyberspace faces many difficulties due to many reasons such as the violators are living abroad, the account number to receive the appropriated money is also the people. other than the offender somehow obtains and uses to receive money.
Stealing someone else’s Facebook account is penalized?
The administrative sanction for stealing other people’s Facebook accounts then.
Stealing other people’s Facebook accounts will punish according to the provisions of Article 80 of Decree 15/2020/ND-CP
“Article 80. Violations against regulations on supply; Unauthorized use of information on the Internet
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall impose for cracking; theft; use of passwords; cryptographic keys and information of other organizations and individuals in the network environment.”
Thus, normally, if you just hack Facebook, others will only fine 10 million VND. Accordingly to Article 80 of this Decree, people who have acts of cracking, stealing, using passwords; cryptographic keys, and organizational information; or Other individuals in the online environment will fined an amount of 10-20 million VND then. This fine will range from 30-50 million VND; for unauthorized access to another person’s network or digital device; to taking control of a digital device or changing or deleting information stored on the device.
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Related questions
Accordingly to the provisions at Point d, Clause 3, Article 99 of Decree 15/2020, acts of forging websites of other organizations or individuals may be subject to a fine of from VND 20,000,000 to VND 30,000,000 and subject to the remedial action of forcibly removing links to false or misleading information.
Accordingly to Point e, Clause 3, Article 102 of Decree 15/2020/ND-CP on violations of regulations on storage, rental, transmission, supply, access, collection, processing, exchange, and use of information, including A fine ranging from VND 10,000,000 to VND 20,000,000 shall impose for one of the following acts: Collecting, processing and using the information of other organizations and individuals without consent or for wrong purposes according to regulations provisions of the law.
Article 4 Code of conduct on social networks promulgated together with Decision 874/QD-BTTTT in 2021 stipulates the code of conduct for organizations and individuals, stipulating not to post content that violates the law, information that offends the honor and dignity of others, affecting the legitimate rights and interests of other organizations and individuals then; use offensive language, violate fine customs and traditions; spreading fake news, false news; advertising, providing illegal services… causing frustration in public opinion, affecting social order and safety then.
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