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​ 

March 27, 2024
Two notifications on the cross-border transfer of personal data, issued by Thailand’s Personal Data Protection Committee (PDPC), came into effect on March 24, 2024. These notifications, which we detailed in a previous update, set out the criteria governing the cross-border transfer of personal data offshore, specifically focusing on situations where appropriate personal data protection standards are in place. Of particular importance is the role of binding corporate rules (BCRs) in enabling the cross-border transfer of personal data among affiliated businesses or within the same group of undertakings. The implementation of BCRs requires a comprehensive review and approval process by the Office of the PDPC, strictly in accordance with the criteria set out in one of the two notifications. With the notifications now fully enforceable, the Office of the PDPC has begun accepting BCRs for review. Data controllers and data processors intending to adopt BCRs as a means for transferring data to offshore affiliates or group companies must initiate the BCR submission process promptly. Failure to comply with PDPA requirements concerning the cross-border transfer of personal data could result in substantial penalties. Organizations involved in cross-border personal data transfers should be proactive in complying with the prescribed criteria to avoid these regulatory penalties and maintain the data protection standards mandated by the PDPA. For more information on these cross-border personal data transfer regulations, or on any aspect of complying with Thailand’s data protection laws, please contact Nopparat Lalitkomon at [email protected], Gvavalin Mahakunkitchareon at [email protected], or Wilin Somya at [email protected].
Read More
March 27, 2024
The Bank of Thailand (BOT) has opened a public comment period on their consultation paper titled “Criteria for Supervising Virtual Banks” from March 19, 2024, to April 17, 2024. The consultation paper reveals that the BOT intends to apply traditional commercial bank supervisory standards to virtual banks. However, the BOT also explains that the wholly digital nature of the services offered by virtual banks necessitates additional regulatory supervision. Additional Supervisory Criteria for Virtual Banks Financial business group: If a virtual bank is within the same financial business group as other financial institutions, its parent company must structure the virtual bank to be under its own sole consolidated financial business group. After the virtual bank has undergone the “restricted phase” in its initial years of operation (see below), other financial institutions within the group are prohibited from extending credit to or engaging in transactions similar to lending activities with the virtual bank. Shareholding structure: If the increase in the financial institution system capital is higher than the actual capital injection resulting from the bank’s shareholding structure, the BOT aims to issue an additional regulation to supervise the capital of the virtual bank and financial institution system to prevent double counting. Operational risk: Virtual banks must not use a trademark or logo that bears resemblance to or implies association with other financial institutions or financial institution groups. Governance: Virtual banks must have at least one director and chief technology officer (CTO) with at least three years of experience in IT or digital service. Additionally, the CTO must work full-time for the virtual bank and may not be an employee of another legal entity. Restriction on related lending and related-party transactions: Virtual banks must obtain prior unanimous approval from their boards of directors before engaging in transactions with major shareholders or businesses
Read More
March 27, 2024
Last year, the government of Vietnam issued the Personal Data Protection Decree (PDPD), which took effect on July 1, 2023. The Department of Cybersecurity and High-Tech Crime Prevention and Control (referred to as “A05”) under the Ministry of Public Security (MPS) is tasked with implementing and enforcing the requirements under the PDPD. While a decree on sanctioning provisions for noncompliance with the PDPD is still pending issuance, further movements from the MPS/A05 indicate that it aims to start conducting its first inspections into PDPD compliance. This is the first time that companies and government agencies have been officially questioned by the MPS about their compliance with the PDPD. The purposes of this inspection program are (1) to evaluate the compliance status of a group of selected companies and government agencies and to understand challenges in complying with the PDPD requirements; (2) to propose sanctions for noncompliance; and (3) to collect information and comments for the development of the upcoming Personal Data Protection Law—not to spot noncompliance with the PDPD specifically. This round of inspection includes a number of companies in 14 sectors (including e-commerce, aviation, telecom, banking and finance, intermediary payment, insurance, gaming, education, healthcare, real estate, data processing services, ride hailing, etc.). The companies targeted by this inspection program must: (1) submit a report on compliance to the MPS/A05 by May 30, 2024 (this report is different from the data protection impact assessment (DPIA)/transfer impact assessment (TIA) submission requirements); and (2) coordinate with the MPS/A05 on any further investigation actions from June to August 2024. The inspection results will be available by September 2024. Key information to be reported includes, among others: (1) a description of the activities and measures carried out to implement the PDPD (such as protecting data subjects’ rights, performing administrative procedures, preventing violations, etc.)
Read More
March 18, 2024
Vietnam’s new Telecom Law 2023 was promulgated on November 24, 2023, and will take effect on July 1, 2024, for most telecom services. For three newly introduced telecom services—OTT telecom services, internet data center services, and cloud computing services—implementation and compliance will be delayed until January 1, 2025. These new services will be explored briefly below. The Ministry of Information Communication (MIC) is currently in the process of developing a number of decrees and circulars that will detail the implementation of the Telecom Law 2023, including one main decree that guides the new law in general. This decree is scheduled for prompt promulgation to coincide with the law’s effective date of July 1, 2024. The draft version of this decree, dated February 22, 2024 (“Draft Decree”), was shared for consultation with international organizations, associations, and enterprises by the Vietnam Telecom Agency (VNTA) in early March 2024 to gather feedback. The Draft Decree is expected to undergo further revisions before being sent to relevant state agencies for input and submission to the Ministry of Justice for assessment by the end of March 2024. The MIC anticipates submitting the subsequent version to the government by April 15, 2024.   New Telecom Services: OTT Telecom Services, IDC Services, and Cloud Computing Services In comparison to the Telecom Law 2009, the Telecom Law 2023 has three new telecom services: Basic telecommunications services on the internet (OTT telecom services) are defined as services whose primary functions including the sending, transmission, and receipt of information between two persons or a group of people using telecommunications services on the internet (Article 3.8 of the Telecom Law 2023). By incorporating the term “primary functions” into the definition, the Telecom Law 2023 aims to exclude services such as ride-hailing platforms where the primary function is transportation, not telecom
Read More