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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.