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​ 

January 30, 2024
Thailand has made its draft Platform Economy Act (the “Draft PEA”) available to relevant entities in certain industries. The Draft PEA aims to regulate and standardize digital platform service business operations and protect consumers and other stakeholders. Once the Draft PEA becomes law, the Royal Decree on the Operation of Digital Platform Service Businesses that are subject to Prior Notification B.E. 2565 (2022) and the relevant provisions under the Electronic Transactions Act B.E. 2544 (2001), as amended, will cease to have effect. The key provisions of the Draft PEA are summarized below. Definitions The definitions of the key terms under the Draft PEA are substantially similar to the definitions of the key terms under the royal decree mentioned above. According to the Draft PEA, “digital platform services” refers to the provision of electronic intermediary services that manage data to facilitate connection, through computer networks, between business users, consumers, or users, regardless of whether remuneration is charged. Exemption The Draft PEA does not apply to digital platform services (DPSs) that are regulated by specific laws and have rules guaranteeing transparency and fairness, or that follow operational standards no less stringent than those required in the Draft PEA. Nonetheless, the Electronic Transactions Development Agency (ETDA) can request or link data relating to exempted DPSs from the relevant supervisory authorities. Extraterritorial Effect Offshore DPSs with certain characteristics are also subject to the obligations under the Draft PEA and will have to appoint a coordinating person in Thailand. However, offshore DPSs will not have to establish a business in Thailand. General Responsibilities and Obligations The Draft PEA sets out the following requirements: DPSs with (1) at least THB 100 million (approx. USD 2.8 million) in annual revenue from providing the DPSs in Thailand before deducting expenses, or (2) more than 10,000 monthly users
Read More
January 24, 2024
On 17 April 2023, the Vietnamese government issued the Personal Data Protection Decree, which is set to take effect 1 July 2023 without any transitional period. The PDPD is considered to be the first comprehensive document on data protection in Vietnam. Accordingly, it provides detailed regulations on the rights of data subjects, consent requirements and requirements for data processing impact assessments and outbound transfer impact assessments. In 2024, the adoption of the Law on the Protection of Consumer Rights and the Law on Electronic Transactions will play a vital role regarding data protection. The LPCR will require traders to obtain consent to collect consumer data and establish a mechanism enabling consumers to select the information they consent to traders collecting. Consumers must also be allowed to express consent in a suitable form. For special processing purposes — such as sharing, disclosure, or transfer of personal data to third parties, and use of personal data to send advertisements and to introduce products — the LPCR requires a mechanism which enables data subjects to clearly opt in to give, or not give, their consent. This requirement is similar to procedures currently required for regulated stakeholders under the PDPD. In the same vein, the LET strictly forbids the acts of trading data to protect Vietnamese personal data. The government is anticipated to provide more details relating to data privacy guidelines after the issuance of the Draft Law on Telecommunications. Accordingly, the draft requires enterprises to provide the requisite information — such as service user’s name and address, number and location of transmitting or receiving servers, call times, IP address and other personal information supplied by the service user when entering a contract — to the relevant authority, as per a request which is made in accordance with the law. Amendments to Decree
Read More
January 24, 2024
Thailand’s Personal Data Protection Act came into full effect on 1 June 2022 and various subordinate regulations have since been issued by the Personal Data Protection Committee. These include regulations on security measures to be implemented by data controllers, data breach notification requirements, a mandatory obligation to appoint a data protection officer when the processing activity requires regular monitoring of personal data or a system due to the large scale of personal data, administrative measures and data processors’ record of processing activities. As some areas under the PDPA still require further clarifications, a series of public consultations for the remaining draft subordinate regulations is anticipated in 2024. Potential areas include data protection impact assessments and cross-border transfers of personal data, which are crucial for organizations and particularly for entities with establishments in other jurisdictions. PDPA enforcement by Thai regulators was silent until the last quarter of 2023, when the PDPC published details about complaints that have been lodged to the Expert Committee. The committee is designated by virtue of the PDPA and has the power to make determinations related to imposing administrative fines and other penalties. Enforcement in 2024 is expected to become more active and potentially more serious, which means organizations should pay closer attention to ensure compliance with the PDPA. Similar to the GDPR, the PDPA also has extraterritorial effect. Once the subordinate regulation on international cooperation has been issued by the PDPC, this should clarify how PDPA enforcement against organizations located outside of Thailand will be conducted by Thai regulators. With respect to sector-specific data protection legislation, in September 2023, Thailand’s National Broadcasting and Telecommunications Commission issued the Notification of the NBTC Re: Measures to Protect Telecommunications Service Users’ Rights in regard to Personal Data, Privacy Rights, and Freedom of Telecommunications, which replaces the previous notification.
Read More
January 19, 2024
On November 24, 2023, the National Assembly of the Socialist Republic of Vietnam adopted Law No. 24/2023/QH15 on Telecommunications (“Telecom Law 2023”) after a lengthy period of extensive discussions and revisions. The Telecom Law 2023 is set to take effect on July 1, 2024, except for the requirements relating to basic telecom services on the internet (otherwise known as over-the-top services, or “OTT”), data center services, and cloud computing services, which will take effect on January 1, 2025. Some important highlights of the Telecom Law 2023 are discussed below. Updates on Telecom License Requirements With a few exceptions and save for certain types of telecom services, enterprises in Vietnam are required to obtain Telecom Licenses in order to provide telecom services. There are two types of Telecom Licenses: licenses for the provision of telecom services, and licenses for telecom operations. Telecom Licenses can be granted in two forms. The first is separate licensing, which is for telecom services with network infrastructures that use radio frequencies or operate in areas with special requirements set by the government. The second is group licensing, which covers telecom services with network infrastructure (except in certain cases), telecom services without network infrastructure (except in certain cases), and telecom operations. New Regulations for OTT, Data Center, and Cloud Computing Services The Telecom Law 2023 provides the definitions for OTT services, data center services, and cloud computing services, recognizing them as different types of telecom services. It also outlines the rights and obligations of service providers in these fields. Regarding market-entry conditions, foreign direct investments in OTT services, data center services, and cloud computing services are subject to no restrictions on share ownership ratio or capital contribution. Foreign investors can establish 100% foreign-owned enterprises in Vietnam to offer these services. Enterprises offering these services are not
Read More