Slander and Insulting Others on Social Media – When Does It Constitute a Criminal Offense?

1. Introduction

Not every improper statement made online constitutes a criminal offense. However, if an act satisfies all necessary legal elements, the offender may face administrative fines, be mandated to pay compensation for damages, or even be prosecuted for criminal liability. How, then, is the boundary drawn between an ordinary debate or insult and a criminal offense?

2. Slander and Insulting Others – Two Inherently Distinct Acts

Vietnamese criminal law protects the honor, dignity, and reputation of individuals under the provisions of the 2015 Penal Code (amended and supplemented in 2017), which highlights two specific offenses:

• First: The crime of insulting others (humiliation), governed by Article 155 of the Penal Code. This act manifests as a serious infringement upon the dignity and honor of another person, such as using vulgar or abusive language, posting images to publicly ridicule the victim, or organizing the dissemination of content that severely lowers their honor and dignity.

• Second: The crime of slander (defamation), governed by Article 156 of the Penal Code. This offense centers on fabricating or knowingly spreading false information to seriously offend the honor and dignity of, or harm the legitimate rights and interests of, another person; or falsely fabricating that another person committed a crime and reporting them to competent authorities.

The core distinction lies here: insulting others primarily involves severe verbal or behavioral humiliation, whereas slander centers on fabricating or disseminating demonstrably false information under statutory conditions.

A single post may simultaneously contain both abusive insults and fabricated claims. In such scenarios, procedural authorities must rely on the specific content, intent, developments, and evidence of the case to identify the proper charge, rather than relying solely on the post's title or the perception of the aggrieved party.

3. When Social Media Misconduct Incurs Criminal Liability

Pursuant to Article 155 of the Penal Code, individuals who seriously insult the honor and dignity of others may receive a warning, a fine ranging from 10 million to 30 million VND, or up to 3 years of community sentence (non-custodial reform).

Notably, Clause 2 of Article 155 establishes that committing the offense using computer networks, telecommunications networks, or electronic devices serves as an aggravating circumstance, carrying a prison sentence ranging from 3 months to 2 years. Under Clause 3—such as causing the victim to commit suicide—the penalty ranges from 2 to 5 years of imprisonment.

Regarding the crime of slander, Clause 1 of Article 156 stipulates that offenders may face a fine from 10 million to 50 million VND, up to 2 years of non-custodial reform, or imprisonment from 3 months to 1 year.

If computer networks, telecommunications networks, or electronic devices are used to commit slander, offenders may face imprisonment from 1 to 3 years under Clause 2 of Article 156. More severe cases falling under Clause 3 carry prison terms ranging from 3 to 7 years. Additionally, offenders may face supplementary fines and be prohibited from holding certain positions, practicing certain professions, or performing certain jobs under Clause 4.

However, posting offensive content or false information online does not automatically lead to criminal prosecution. Procedural authorities must fully substantiate all statutory elements of a crime based on the content, the degree of fault of the perpetrator, and surrounding circumstances. While the use of social media serves as a statutory aggravating circumstance, it does not substitute for the burden of proving that a crime occurred.

4. Practical Scenarios to Note

• Scenario 1: Posting abusive rants and publicly shaming others. Due to personal disputes, Person A posts photos of Person B on Facebook accompanied by insulting remarks, urging others to leave mocking comments. If the conduct rises to the level of a serious infringement upon Person B's dignity and honor, Person A may be investigated for the crime of insulting others.

• Scenario 2: Falsely accusing someone of fraud. Person B is fully aware that Person Y did not misappropriate funds, yet publishes posts claiming Person Y is a fraudster, fabricating details and repeatedly sharing the claims to instigate a public boycott against Person Y. Once the statutory elements are proven, Person B may face criminal liability for slander.

The scenarios above serve an illustrative purpose only. The formal classification of an offense must be based on concrete evidence and the specific details of each case.

5. Administrative Penalties and Compensation Liability Absent Criminal Charges

Where the act does not fully satisfy the constituent elements of a crime, the violator may still face administrative penalties under regulations governing the provision and sharing of counterfeit, untruthful, distorted, or slanderous information, or content that offends the reputation of organizations and the honor and dignity of individuals on social media.

Point a, Clause 1, Article 101 of Decree No. 15/2020/ND-CP (amended and supplemented by Decree No. 14/2022/ND-CP) prescribes sanctions for abusing social media networks to carry out the aforementioned acts. The exact fine is determined based on the prevailing regulations at the time of sanctioning and the subject of the violation.

Regarding civil liability, Article 34 of the 2015 Civil Code protects individual honor, dignity, and reputation. Aggrieved parties have the right to demand the refutation of detrimental information, the removal or rectification of false content, a public apology, and compensation for damages in accordance with statutory regulations.

Furthermore, Article 584 of the Civil Code sets forth the grounds giving rise to liability for damage compensation, while Article 592 specifies the categories of compensation for damage caused by harm to honor, dignity, and reputation. These include reasonable costs to limit and remedy damage, actual lost or reduced income, and other damages prescribed by law.

Consequently, even when conduct does not cross the threshold of criminal liability, individuals engaging in insulting or slanderous behavior may still bear substantial administrative and civil legal consequences.

6. What Should Victims of Slander and Insults Do to Protect Themselves?

First, aggrieved parties must preserve evidence, which includes: taking screenshots showing full post content, account names, URLs, posting timestamps, and relevant comments; and saving videos, messages, and information concerning individuals who shared the post. When necessary, parties should consider engaging a bailiff to establish a formal verification record (vi bằng) or employing appropriate evidence-gathering measures.

Next, the victim may report the infringing content to the relevant platform, demanding that the poster remove the content, publish a rectification, and issue an apology. If elements of a criminal offense are present, the victim may file a denunciation or report of crime with the Police or competent handling bodies, accompanied by supporting documentation.

The petition should clearly delineate the sequence of events, related accounts, the content alleged to be slanderous or humiliating, the resulting consequences, and specific requests for action. In the event of harm to employment, income, or mental well-being, additional documentation proving such losses should be retained to substantiate compensation claims.

Critically, victims should refrain from retaliating by posting private information, counter-insulting, or fabricating claims in return. Such conduct risks aggravating the conflict and exposing the victim to legal liability.

7. Conclusion

Social media is not an extra-legal domain. Freedom of speech does not confer a license to fabricate claims, falsely accuse, or humiliate others. Every individual bears a responsibility to verify information prior to publishing or sharing it, and to respect the honor and dignity of fellow citizens.

To determine whether an act crosses the line into criminal liability, competent authorities must evaluate the legal elements under Article 155 or Article 156 of the Penal Code in conjunction with substantiated evidence. Victims should remain calm, secure evidence methodically, and follow lawful legal procedures to safeguard their legitimate rights and interests.