128 Dictating the Internet: effectively protect national (cyber)security. The groups’ concerns were not adequately addressed following the consultation process. Vague and overbroad provisions in the LOCS protecting “national security”, “public order” and against “propaganda” or “defamation” are very similar to provisions in Vietnam’s Penal Code which have been used systematically to clamp down on any information deemed unwelcome by the authorities, including those critical of the government.488 The law “severely sanctions” any use of cyberspace in a manner “not prejudicial to national security, social order and safety”, and clearly designates cybersecurity protection to be “subject to the leadership of the Communist Party of Vietnam and the consistent governance by the State, to mobilize the synergic strength of the political system” under article 4(2).489 Articles 8 and 15 include wideranging prohibitions on “producing, posting or dispersing any information” that, inter alia, constitutes “propaganda against the State” which “distorts or defames the people’s government”, “instigates violent disturbances, disrupts security or public order”, “offends the nation, national flag, national emblem, national anthem, great people, great leaders, famous persons or national heroes”, “distorts the history or negates a revolution achievement”, “sabotages the fine customs and practices of the nation (or) social morality” or are “embarrassing or slanderous” and “offends any person’s dignity or honour”. Article 26 prohibits “websites, web portals or specialized pages on social networks of agencies, organizations and individuals” from “providing, posting or transmitting any information prejudicial to national sovereignty and security”.490 The LOCS goes beyond older modalities employed by State authorities to control online information and expression, and seeks to compel internet and technological companies, at risk of legal sanctions, to assist and support the State in online censorship. The law covers all “(l)ocal and foreign agencies and entities, when providing services on cyberspace or owning any information systems in Vietnam” – applying to any and all companies involved in a broad spectrum of online activities which is not limited to social media services, but can also include entities such as online accommodation booking services, online shopping portals, media services providers or banks 488 See Section III (iv). 489 Law on Cybersecurity, articles 2 to 5. The full text of the Law on Cybersecurity is not available in English. However, the latest draft is available at: file:///C:/Users/User/Desktop/ICJ%20DS/2018/ VIETNAM/Draft%20Law%20on%20Cybersecurity%20-%2018th%20version%20-%20ENG.pdf 490 Law on Cybersecurity, article 26.

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