How is the act of providing false information on social networks handled? How is compensation for providing false information online?
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| How is posting false information on social networks handled? (Source: PLVN) |
1. How is providing false information on social networks handled?
According to Article 101 of Decree 15/2020/ND-CP, regulations on handling violations of regulations on responsibility for using social networking services are as follows:
- A fine of 10,000,000 VND to 20,000,000 VND shall be imposed for taking advantage of social networks to commit one of the following acts:
+ Providing and sharing fake information, false information, distorting, slandering, or insulting the reputation of agencies, organizations, or the honor and dignity of individuals;
+ Providing and sharing information that promotes bad customs, superstition, obscenity, depravity, and is inconsistent with the nation's traditions and customs;
+ Provide and share detailed information describing acts of slashing, killing, accidents, horror, and horror;
+ Providing and sharing fabricated information, causing panic among the people, inciting violence, crime, social evils, gambling or serving gambling;
+ Providing or sharing press, literary, artistic works and publications without the consent of the intellectual property owner or without permission for circulation or with a decision to prohibit circulation or confiscate;
+ Advertising, propagating, sharing information about prohibited goods and services;
+ Providing and sharing images of Vietnam maps that do not show or incorrectly show national sovereignty ;
+ Providing or sharing links to information on the Internet with prohibited content.
- A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information in the list of state secrets, personal privacy secrets and other secrets that are not yet serious enough to warrant criminal prosecution.
- Remedial measures: Forced removal of false or misleading information or information that violates the law due to the above violations.
2. Compensation for damages when providing false information on social networks
People who provide false information on social networks may have to pay damages.
The principle of compensation for damages is based on the provisions of Article 585 of the 2015 Civil Code as follows:
- Actual damages must be compensated in full and promptly. The parties may agree on the level of compensation, the form of compensation in cash, in kind or by performing a task, and the method of compensation in one or more installments, unless otherwise provided by law.
- The person responsible for compensation for damages may have the compensation reduced if there is no fault or the fault is unintentional and the damage is too great compared to his/her economic capacity.
- When the compensation level is no longer suitable to reality, the damaged party or the party causing the damage has the right to request the Court or other competent state agency to change the compensation level.
- When the damaged party is at fault in causing the damage, he/she will not be compensated for the damage caused by his/her fault.
-The party whose rights and interests are infringed shall not be compensated if the damage occurs due to failure to apply necessary and reasonable measures to prevent and limit damage to themselves.
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