You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 8, 2020

New Penalties for Posting Fake News on Social Networks

Subscribe to Updates

On February 3, 2020, the Vietnamese Government issued Decree No. 15/2020/ND-CP stipulating penalties for administrative violations in the fields of postal services, telecommunications, radio frequency, information technology, and electronic transactions (“Decree 15”). Decree 15 will replace the existing decree on penalties in the technology and telecom sectors (Decree No. 174/2013/ND-CP) and will take 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 will be imposed in addition to any civil and/or criminal liabilities related to distortion, slander, defamation and the like.

Penalties for Social Network Users

In particular, Article 101 of 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 (approx. USD 430) and VND 20 million (approx. USD 860) on social network users who commit the following violations:

  1. 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;
  2. Posting or sharing information that advocates unsound customs, superstition, obscenity, or depravity which is not in line with the traditions and fine customs of the nation;
  3. Posting or sharing graphic depictions of acts of slashing, killing, accidents, or horror;
  4. Posting or sharing fabricated information that causes panic among the population or incites violence, crime, social evils or gambling, or that serves gambling activities;
  5. Posting or sharing press, literature and art works or publications without the permission of the copyright holder, or works that have not been approved for circulation, or have been banned or revoked;
  6. Advertising, promoting, or sharing information about banned goods and services;
  7. Posting or sharing inaccurate maps of Vietnam;
  8. Posting or sharing links to websites with banned content.

Higher administrative fines of VND 20 million (approx. USD 860) to VND 30 million (approx. USD 1,290) are imposed on the disclosure of information classified as state secrets or personal secrets, but which is not serious enough to face criminal punishment.

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

Penalties for Social Network Providers

Correspondingly, 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 100.3 of Decree 15 imposes an administrative fine of VND 50 million (approx. USD 2,130) up to VND 70 million (approx. USD 3,000) on 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 listed in items 1-7 above, or information that is considered not to be in the country’s interest.

Violating social network providers would also be 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.

Penalties in Other Fields

In addition to the foregoing newly 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 (approx. 430) to VND 20 million (approx. USD 860); and penalties on violations related to adopting adequate cybersecurity measures are increased from VND 20 million (approx. USD 860) to VND 50 million (approx. USD 2,150).

For more information on Decree 15, please contact us at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

August 4, 2026
Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) could soon see some important changes, as a draft bill to amend the PDPA has been introduced in the House of Representatives. The draft amendment is currently in the public consultation phase, with comments accepted from July 16 to August 15, 2026. If enacted in its current form, the amendment would make three key changes: expanding the government exemption to cover anticorruption operations, introducing a statutory definition of “government agency,” and restructuring the lawful bases for personal data processing to align with international standards. Background The PDPA has encountered several enforcement challenges since its implementation, including three core problems identified by the bill’s sponsors: (1) the current exemptions for government agencies do not cover anticorruption and misconduct-prevention operations; (2) the PDPA lacks a clear statutory definition of “government agency,” causing legal uncertainty as to which entities are covered; and (3) the existing framework for lawful bases of data processing does not align with international standards—particularly the multiple-lawful-bases system in the EU’s General Data Protection Regulation (GDPR)—making compliance inflexible for both government and private sector entities. Expanded Government Exemption The current PDPA exempts government agencies performing duties related to national security (including fiscal security), public safety, anti-money laundering, forensic science, and cybersecurity. The proposed amendment adds “prevention and suppression of corruption and misconduct” to this list of exempted functions. This would allow anticorruption bodies—most notably the National Anti-Corruption Commission (NACC), which is identified as a directly affected party—to collect, use, and disclose personal data without being subject to PDPA requirements when carrying out their duties. New Statutory Definition of “Government Agency” Notably, while the current PDPA use the term “government agency” in several provisions, the term is not comprehensively defined, creating potential uncertainty as to its scope. The draft bill therefore
Read More
August 3, 2026
On July 23, 2026, the Bank of Thailand (BOT) released for public comment its draft Notification on Digital Channel Security, which would significantly expand the scope and stringency of Thailand’s existing mobile banking security framework. If finalized in its current form, the draft notification would extend mandatory security requirements to credit card providers and credit providers, cover internet banking in addition to mobile applications, phase out SMS one-time passwords (OTPs) for transaction authentication, and introduce biometric verification requirements for high-value transactions. The public comment period is open through August 24, 2026. Background The BOT’s existing Mobile Banking Security Notification, issued in 2024, sets minimum security standards for financial institutions, specialized financial institutions (SFIs), and e-money providers, significantly reducing “money-draining app” fraud. However, fraudsters have since shifted to nonbank providers and internet banking channels, prompting the BOT to propose broader security requirements. Expanded Scope of Regulated Entities and Channels The existing Mobile Banking Security Notification covers only financial institutions, SFIs, and e-money providers offering mobile banking services. The draft expands coverage in two key areas: entities and channels. On the entity side, it adds credit card providers and credit providers that offer fund transfers to third parties at other financial service providers or that provide cash withdrawal services to individual retail customers. On the channel side, it broadens coverage to include internet banking in addition to mobile banking. Strengthened Customer Authentication The draft introduces enhanced authentication requirements in three areas: Service enrollment and device changes. Providers must implement rigorous identity verification, notify customers of enrollment results through out-of-band communication channels, and adopt risk-mitigation measures such as cooling-off periods and temporary transaction limits. Transaction-level authentication. Providers must use two-factor authentication for fund transfers, cardless ATM withdrawals, and transaction limit increases. Secure authentication factors. Key requirements include the following: “What-you-know” factors must
Read More
July 28, 2026
Data protection officers (DPOs) have become a fixture of Thailand’s privacy compliance landscape since the Personal Data Protection Act B.E. 2562 (2019) (PDPA) took full effect and the Office of the Personal Data Protection Committee (PDPC) began requiring certain organizations to appoint them. On July 7, 2026, the Office of the PDPC presented draft guidance on DPOs as part of a public consultation on a series of draft personal data protection manuals and recommendations. The draft offers the clearest indication yet of how the regulator expects the DPO role to work in practice, addressing recurring implementation issues under the PDPA—including when an organization must appoint a DPO, how the DPO should operate independently, how to manage conflicts of interest, and how data subjects and regulators should be able to contact the DPO. Because it remains in draft, organizations have an opportunity to weigh the practical implications now before the guidance is finalized. When a DPO Must Be Appointed The draft guidance clarifies the triggers for mandatory DPO appointment, including: Regular and systematic monitoring of personal data or systems on a large scale, such as tracking, analyzing, or predicting behavior, attitudes, or individual characteristics. Core activities involving large-scale processing of sensitive personal data, such as health data, biometric data, or criminal records. Certain foreign-organization representative arrangements. Public-sector coverage under relevant notifications identifying government entities that must appoint a DPO. Processing involving 100,000 or more data subjects may be considered large-scale. The guidance also contemplates voluntary DPO appointment for organizations that wish to raise their privacy governance standards, and such organizations should still comply with the standards applicable to DPOs under the law. Independence and Reporting Lines The draft guidance identifies lack of DPO independence as a core risk because an ineffective or constrained DPO may be unable to raise deficiencies
Read More
July 27, 2026
Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement. From notice-and-takedown to platform responsibility The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach. Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available. Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model. The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur. This obligation addresses one
Read More