The use of social media to express opinions or raise concerns about a dispute is a legitimate exercise of freedom of expression. However, that right is not absolute. Where online content exceeds the boundaries established by law, individuals may face administrative penalties, civil liability, or, in serious cases, criminal prosecution
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1. Social Media Is Not a Court of Law
The rapid growth of platforms such as Facebook, TikTok, YouTube, and other digital media has transformed the way individuals respond to legal disputes. In practice, parties involved in civil, contractual, land, family, or personal disputes increasingly resort to livestreams, online posts, or viral campaigns to “seek justice,” expose perceived wrongdoing, or generate public pressure.
From a legal perspective, individuals are entitled to express their opinions, report incidents, and exercise their lawful rights to lodge complaints or denunciations. Nevertheless, those rights must be exercised within the limits prescribed by law and must not infringe upon the lawful rights and interests of others.
Experience shows that disputes initially confined to private civil matters can become significantly more complex once they are brought into the public domain through social media. Statements containing defamatory allegations, offensive language, or excessive disclosure of personal information may give rise to separate claims concerning reputation, privacy, or unlawful dissemination of information, and in some cases may expose the publisher to administrative sanctions or criminal liability.
2. Not Every Piece of Information May Be Published Online
A common misconception is that “if the information is true, I have the right to publish it.”
Legally, however, the truthfulness of information is only one factor considered by competent authorities.
When assessing whether online content is lawful, authorities typically consider a range of factors, including:
- the nature and accuracy of the information;
- the purpose of publication;
- the manner in which the information is presented;
- the scope of dissemination;
- the impact on the rights and interests of affected individuals or organizations; and
- the actual consequences arising from the publication.
Accordingly, even where the underlying facts are accurate, the use of insulting language, defamatory accusations, disclosure of unnecessary personal information, or publication of private matters may still constitute unlawful conduct.
Particular legal risks arise where an individual:
- disseminates unverified information;
- publishes another person’s photograph, address, telephone number, workplace, or other personal information without consent;
- encourages online users to harass, boycott, or intimidate another individual or organization; or
- publicly accuses another person of criminal conduct before any competent authority has reached an official conclusion.
3. Exposure to Administrative Sanctions
Pursuant to Article 101 of Decree No. 15/2020/ND-CP, as amended by Decree No. 14/2022/ND-CP, individuals or organizations that use social media to disseminate fabricated, false, misleading, defamatory, or offensive information affecting the reputation of organizations or the honour and dignity of individuals may be subject to administrative penalties.
In addition to monetary fines, competent authorities may require the violator to:
- remove the offending content;
- correct inaccurate information; and
- cease the unlawful conduct.
Importantly, administrative liability does not depend solely on whether the underlying dispute is ultimately resolved in favour of one party. Rather, the focus is on whether the act of publishing or disseminating the information complies with applicable laws governing cyberspace and online communications.
4. Civil Liability for Infringement of Personality Rights
Under Articles 34 and 38 of the 2015 Civil Code of Vietnam, an individual’s honour, dignity, reputation, privacy, personal secrets, and family secrets are protected by law.
Where a livestream, social media post, or online publication infringes these legally protected rights, the affected individual may request:
- cessation of the infringing conduct;
- removal of the offending content;
- a public apology and correction; and
- compensation for damages where the legal requirements are satisfied.
It is important to note that civil liability does not arise only where the published information is false.
Even where the underlying facts are accurate, liability may still arise if the manner of publication is insulting, humiliating, excessively intrusive, or unnecessarily discloses another person’s private information.
When Seeking “Justice” on Social Media May Become a Legal Risk
5. Criminal Liability in Serious Cases
In circumstances where the nature and seriousness of the conduct satisfy the statutory elements of a criminal offence, the individual responsible for publishing online content may be subject to criminal investigation and prosecution.
Depending on the specific facts of the case, the conduct may fall within offences such as:
- Humiliating Another Person under Article 155 of the 2015 Criminal Code (as amended in 2017);
- Defamation under Article 156 of the Criminal Code; or
- Abusing Democratic Freedoms to Infringe Upon the Interests of the State or the Lawful Rights and Interests of Organizations and Individuals under Article 331 of the Criminal Code.
That said, it should be emphasized that not every critical social media post or livestream concerning a dispute gives rise to criminal liability.
Criminal prosecution is considered only where the conduct satisfies all statutory elements of a criminal offence and is assessed on the basis of the available evidence in each particular case.
6. When Does a Social Media Post Cross the Legal Line?
Based on HTH & Partners’ dispute resolution experience, a social media post or livestream is more likely to create legal exposure where it involves one or more of the following:
- disclosing another person’s personal information or private life without lawful authority;
- using insulting, degrading, or abusive language;
- accusing another person of committing a criminal offence without an official determination by a competent authority;
- publishing one-sided, manipulated, or unverified information;
- disclosing private messages, recordings, photographs, or documents relating to personal or family privacy;
- encouraging online users to harass, threaten, boycott, or exert pressure on another individual or organization; or
- continuing to disseminate information after being requested to remove it or while the matter is under official investigation or judicial proceedings.
In such circumstances, an attempt to “protect one’s rights” may itself constitute an infringement of the lawful rights and interests of others.
7. Protecting Legal Rights Through Appropriate Legal Channels
When disputes arise, individuals and businesses should carefully consider whether public disclosure on social media serves their long-term legal interests.
As a general principle, lawful dispute resolution mechanisms should be prioritised, including:
- preserving admissible evidence;
- identifying the correct legal relationship in dispute;
- submitting complaints or petitions to the competent authorities;
- engaging in negotiation, mediation, arbitration, or court proceedings where appropriate; and
- obtaining legal advice before publishing information relating to an ongoing dispute.
Social media may serve as a communication platform, but it cannot replace the legal procedures established for resolving disputes or enforcing legal rights.
8. HTH & Partners’ Practical Recommendations
Before publishing a social media post or conducting a livestream concerning a dispute, individuals and businesses should carefully consider the following questions:
First, is the information accurate and supported by verifiable evidence?
Second, could the wording reasonably be regarded as defamatory, insulting, or harmful to another person’s reputation?
Third, does the publication disclose private information or otherwise interfere with legally protected rights or legitimate interests?
Conversely, where an individual has been harmed by false or unlawful online content, it is advisable to preserve all available evidence—including URLs, screenshots, videos, comments, publication dates, account details, and records of dissemination—to facilitate subsequent legal action.
Likewise, individuals considering public disclosure of an ongoing dispute should seek legal advice beforehand to avoid transforming themselves from an aggrieved party into one exposed to legal liability.
9. Conclusion
In the digital age, freedom of expression is a fundamental right that deserves legal protection. Equally important, however, is the principle that the exercise of such rights must remain within the limits established by law.
Public opinion generated through social media should never be regarded as a substitute for judicial process or legal adjudication. While online exposure may attract attention, it does not determine legal rights or liabilities.
Justice is not achieved through viral posts or public condemnation. It is achieved through evidence, due process, and the proper application of the law.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.
The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.
