FROM JULY 1, 2026: HOW WILL OFFENDING AND DEFAMING OTHERS' HONOR AND DIGNITY BE DEALT WITH?

Recently, the posting of false information, defaming, and insulting the honor and dignity of others on social media has become increasingly prevalent. Have you ever been the victim of a slanderous post, a false rumor, or a fake account? You should definitely pay attention to the 2025 Cybersecurity Law and Decree No. 174/2026/ND-CP. Effective from July 1, 2026, these regulations have supplemented strict sanctions against acts of defaming, slandering, and insulting the honor and dignity of others in cyberspace.

1. Legal protection of honor, dignity, and reputation on digital platforms:

Honor, dignity, and reputation are core values attached to every individual, which cannot be priced in money and cannot be transferred to others. These are also among the fundamental rights recognized and protected by Vietnamese law.

The Constitutional principle states that the honor and dignity of every individual are always respected and protected by the State. Clause 1, Article 20 of the 2013 Constitution, as amended and supplemented in 2025, affirms: everyone has the right to inviolability of body and is protected by law in terms of health, honor, and dignity. Based on this, Clause 1, Article 34 of the 2015 Civil Code further stipulates that the honor, dignity, and reputation of an individual are inviolable and protected by law.

Regarding the digital network environment, the 2025 Cybersecurity Law (effective from July 1, 2026) was promulgated to further reinforce this direction. Point c, Clause 1, Article 7 clearly states: fabricating, slandering, and infringing upon the honor and dignity of others are strictly prohibited acts in cyberspace. The Law also compels social network and telecommunications platforms to handle violating content within 24 hours from the time of receiving a request from competent authorities (Article 25 of the 2025 Cybersecurity Law). Particularly, the issuance of Decree No. 174/2026/ND-CP has supplemented and perfected many punitive sanctions against acts of abusing social networks to post, share, or disseminate illegal information.

2. New sanctions for online defamation under Decree 174/2026/ND-CP:

(i) Increasing the penalty level for the act of providing and sharing fake or false information, slandering, or insulting the honor and dignity of individuals or the reputation of organizations: prescribed at Point a, Clause 1, Article 95 of this Decree, which will carry a fine ranging from 20,000,000 VND to 30,000,000 VND.

(ii) Supplementing remedial measures: aiming to promptly prevent the spread of violating content on the network environment, such as removing violating information, locking violating accounts or social network pages, revoking the right to use licenses, suspending operations for a definite period, or confiscating material evidences and means used to commit the violations in accordance with the law. (Clause 3, Article 95 of Decree 174/2026/ND-CP)

Take the following example: Ms. A is a teacher working at a high school. Due to a personal grudge, Mr. B used his Facebook and YouTube accounts to post several articles and images accompanied by fabricated content, alleging that Ms. A engaged in unethical behavior, received money from parents to manipulate students' grades, and had an illicit relationship with another married male teacher. Subsequently, the posts were rapidly and widely shared, attracting thousands of comments and causing severe damage to Ms. A's reputation and honor. Ms. A was misunderstood by her husband, children, the School, students, and acquaintances, faced pressure from public opinion, and suffered impacts on her work and personal life.

To protect herself, Ms. A asked a Bailiff to establish a Bailiff's deed for the posts, take screenshots of the comments, save revenue data before and after the posts were published, and simultaneously send a report to the social network platforms and file a petition to the investigating Police agency requesting verification of the incident, as well as request a competent Court for resolution.

In this case, if the competent authority determines that the information posted by Mr. B is false, then in addition to being penalized under the provisions of Decree No. 174/2026/ND-CP (fine, removal of violating content, possible account suspension), Mr. B may also be forced to publicly apologize, make corrections, and compensate Ms. A for actual provable damages, including lost revenue, reasonable costs to remedy the consequences, and compensation for mental suffering up to a maximum of ten times the statutory base salary; based on the current base salary (2,530,000 VND/month, applicable from July 1, 2026) in accordance with the provisions of the 2015 Civil Code and other relevant guiding documents.

When considering that Mr. B's behavior is of a serious nature, intentionally fabricating information to degrade honor and dignity or causing damage to the legitimate rights and interests of Ms. A, he may also be considered for criminal prosecution for the "Crime of slander" (Article 156) or "Crime of humiliating others" (Article 155) or "Crime of abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens" under Article 331 of the 2015 Penal Code, as amended and supplemented in 2017 and 2025.

3. Practical shortcomings in handling online insults:

Although the current legal system has many provisions aiming to protect the honor, dignity, and reputation of individuals in cyberspace, the practical application process still reveals some difficulties and obstacles that need further study and improvement.

Firstly, collecting and preserving electronic evidence still encounters many obstacles. Violating content on social networks can be edited or deleted after a very short time, while many victims do not keep the evidence from the beginning. Dispute resolution practice shows that screenshots or printed copies of posts are often insufficient in evidentiary value if the posting entity, posting time, or data integrity cannot be determined. This makes it difficult for the infringed party to prove the violation as well as the causal link between the act and the resulting damages.

Secondly, proving damages, especially mental damages, remains one of the most complex issues. Regarding property damage, victims can prove it through invoices, vouchers, or actual incurred costs. However, damages to honor, dignity, and reputation are non-material, making them very difficult to quantify with specific criteria. Although the 2015 Civil Code and Resolution No. 02/2022/NQ-HDTP have stipulated principles for determining compensation for mental suffering, the actual decision on the compensation amount still depends heavily on the Court's assessment. This can lead to discrepancies between cases of similar nature, affecting consistency in the law application process.

Thirdly, the boundary between sanctioning administrative violations and pursuing criminal liability is still not truly clear in some cases. For acts of defamation, slander, or insulting honor on social networks, depending on the nature, severity, and resulting consequences, the violator may be penalized under Decree No. 174/2026/ND-CP or face criminal prosecution for the Crime of humiliating others or the Crime of slander under the Penal Code. However, evaluating what constitutes "serious insult", "causing serious consequences", or determining the danger level of the act in each specific case still mainly relies on a comprehensive consideration of the case's circumstances. This requires the proceeding agencies to make objective and careful assessments to ensure uniform law application consistent with the true nature of the violation.

4. Recommendations for clients when participating on social network platforms:

The development of social networks has brought many opportunities to connect, share information, and express viewpoints. However, every post, comment, or share can generate unpredictable consequences if it infringes upon the legitimate rights and interests of others. To limit unnecessary risks, DL PINNACLE LAW FIRM LLC would like to send our readers some points to keep in mind:

The promulgation of new legal regulations and comprehensive strict punitive sanctions aim to build a more civilized, safe, and responsible network environment. At the same time, this also serves as a basis to better protect the legitimate rights and interests of individuals and organizations against acts of defamation, slander, and insulting honor and dignity in cyberspace.

Therefore, before posting, sharing, or commenting on any content on social networks, everyone should verify information, consider their wording, and be fully aware of the legal responsibilities for their actions. Conversely, if you unfortunately become a victim of violations, proactively retain evidence, request competent authorities to protect your rights, and consult with Lawyers to choose an appropriate course of action. Understanding the law correctly not only helps individuals protect themselves but also contributes to building a civilized, safe, and mutually respectful cyberspace.

DL PINNACLE LAW FIRM LLC