People who show how to "overcome the firewall" to use Telegram can be prosecuted

After authorities directed the blocking of the Telegram messaging platform in Vietnam, some users publicly shared ways to bypass the "firewall" to continue using this application through proxies and VPNs. Many people asked: "Is instructing others to bypass the block to access Telegram considered a violation of the law, especially in the context that this application is considered a "den of crime"?

Speaking to a reporter from Nguoi Lao Dong Newspaper , lawyer Truong Van Tuan, Head of the Trang Sai Gon Law Office, said that the authorities' implementation of measures to block Telegram's operations due to many violations can be understood as the law not allowing access to this messaging application. Thus, users' efforts to bypass the "firewall" to access Telegram are illegal, according to Article 18 of the 2018 Law on Cyber Security.

Pursuant to this law, violators may be subject to disciplinary action, administrative sanctions or criminal prosecution depending on the nature and severity of the violation. In case of damage, compensation must also be paid according to regulations.

People who show how to

An account shares tips on using Telegram after being blocked

In Decree 15/2020 regulating administrative sanctions in the fields of post, telecommunications, radio frequencies, information technology and electronic transactions and the 2015 Penal Code, if prosecuted, depending on the level and nature of the act, the violator may be fined up to 1 billion VND or may be subject to a maximum prison sentence of up to 7 years.

In addition, offenders may also be subject to additional penalties such as fines of up to VND200 million, bans from holding positions, practicing a profession or doing certain jobs from 1 to 5 years.

Lawyer Truong Van Tuan added that in the 2018 Law on Cyber Security, the act of intentionally bypassing warnings, access codes, passwords, firewalls, using other people's administrative rights or by other means to illegally appropriate or collect information and information resources on telecommunications networks, the Internet, computer networks, etc. will be considered "cyber espionage".

Thus, in case users bypass the firewall to illegally collect information, they may be subject to administrative penalties according to Decree 15/2020. In more serious cases, they may also be prosecuted under the 2015 Penal Code.

Depending on the level and nature of the act, violators may be fined from 50 million VND to 1 billion VND or imprisoned from 1 to 12 years.

In addition, offenders may also be subject to additional penalties such as fines of 5-50 million VND, bans from holding positions, practicing a profession or doing certain jobs for 1-5 years.

"Telecommunication network users should consider and filter information when accessing links and instructions online. Avoid unintentionally violating the law and being subject to unnecessary administrative sanctions and criminal prosecution" - lawyer Tuan recommended.

Source: https://nld.com.vn/nguoi-bay-cach-vuot-tuong-lua-de-dung-telegram-co-the-bi-xu-ly-hinh-su-196250605161541543.htm