Posting others’ photos on Facebook without consent constitutes an offense in Vietnam

Facebook users in Vietnam will face a fine of between VND10 million and VND20 million (US$426-851) for posting others’ personal photos without their permission, ZingNew reported, citing the Vietnamese government’s new decree which came into effect from April 15.

Nguyen Ngoc Viet, a lawyer from the Ho Chi Minh City Bar Association, told Zing that in accordance with Article 32 of the Civil Code, individuals have the right to their photos and the use of their photos must be agreed by owners. Therefore, posting others' photos on Facebook without consent is considered an infringement of privacy.

Illustrative photo. Source: Reuters

Viet added that a fine of US$426-851 is also applied for a number of other similar acts such as unauthorized access, use and destruction of information or system of information; provision, storing or use of digital information to threaten, harass, misrepresent, slander or defame individuals or organizations.

Those who disclose personal privacy or State organization’s classified information on social media without the party’s consent, which are not serious enough for penal liability, will be fined VND20-30 million (US$851-1,277).

The new decree provides penalties of between US$426 and US$851 for people who share false or libelous information that defames individuals or organizations.

The same penalty also applies to detailed descriptions of horrific acts or accidents, sharing gambling information or images of Vietnam maps infringing national sovereignty

Besides, Facebook users will face penalties of between VND30 million and VN50 million (US$1,277-2,200) for taking advantage of online communication on the Internet and telecommunication networks to misappropriate up to VND2 million (US$85.13).

The decree also suggests punishment of between VND70 million and VND100 million (US$2,980-4,257) for people who create fake Facebook pages or hack into the accounts of organizations or individuals to misappropriate up to US$85.13.

Vietnam has more than half of population having internet access and owning social media accounts. Facebook is the most popular social network in the country.

A study by the Vietnam Program for Internet and Society at the Vietnam National University in Hanoi showed that nearly 80% of the 1,000 internet users surveyed said they were either victims or had witnessed public slandering on Facebook or other social media platforms.

The Vietnamese government has taken various steps to crack down on crimes on social media and worked with global social media platforms to enhance internet management.