HANDLING OF VIOLATIONS REGARDING THE USE OF ARTIFICIAL INTELLIGENCE TO GENERATE MISLEADING CONTENT CAUSING DAMAGE TO OTHERS

I. Legal basis

  • Law on Artificial Intelligence 2025
  • Civil Code 2015
  • Criminal Code 2015

II. Handling of violations involving the use of AI to generate misleading content causing damage to others

When an individual or enterprise utilizes AI to generate misleading content—such as deepfake videos, fabricated articles, or manipulated images intended to cause public misunderstanding—legal liability shall not reside with the algorithm, but rather with the entity that utilizes or disseminates such content. Depending on the nature and consequences of the act, such conduct may be subject to three forms of legal action:

  • Administrative sanctions: Acts of providing or sharing untruthful information on the internet may be subject to administrative penalties in accordance with the Decrees governing the sectors of telecommunications and information technology. The fine levels for individuals may reach up to 100 million VND, and for organizations, up to 200 million VND, accompanied by remedial measures such as mandatory removal of information, public correction, or the disgorgement of benefits derived from the violation.
  • Civil liability: Where content generated by artificial intelligence causes damage to the honor, reputation, or property of an individual or organization, the disseminator shall be liable to pay compensation in accordance with the Civil Code 2015. In many cases, such damage extends beyond material loss to include moral harm, remediation costs, and long-term impairment to brand value.
  • Criminal liability: Where the use of artificial intelligence results in serious consequences, such as inciting public disorder, disseminating false information causing substantial damage, or serving fraudulent purposes, the offender may be subject to criminal prosecution in accordance with the Criminal Code 2015. In cases where a commercial legal entity commits a criminal offense, penalties may amount to several billion Vietnamese dong, accompanied by additional sanctions such as suspension of operations or prohibition from conducting business in certain sectors.

HANDLING OF VIOLATIONS REGARDING THE USE OF ARTIFICIAL INTELLIGENCE TO GENERATE MISLEADING CONTENT CAUSING DAMAGE TO OTHERS

III. Legal framework governing the use of AI technologies for the generation of deceptive content

Law on Cybersecurity 2018 (No. 24/2018/QH14): This is the first statute of Viet Nam to provide for the protection of cybersecurity and the assurance of information safety in cyberspace. Acts involving the use of artificial intelligence and deepfake technologies to disseminate false, distorted, or defamatory information against the honor and reputation of individuals or organizations may be subject to sanctions under Article 8 of this Law, which prohibits the abuse of cyberspace to infringe upon the lawful rights and interests of organizations, individuals, and the State. The use of deepfake technology to disseminate untrue information may be construed as fraud, forgery of documents, or infringement of the lawful rights and interests of individuals and organizations.

Criminal Code 2015 (as amended and supplemented in 2017): Violations involving the use of artificial intelligence or deepfake technologies may give rise to criminal liability under offenses such as defamation, forgery of documents, and fraud for the appropriation of property, among others.

Law on Press 2016: Where false or distorted information is disseminated through mass media, the Law on Press may be applied to address the dissemination of fabricated information that adversely affects public opinion or undermines the reputation of individuals or organizations. Press agencies or individuals in violation may be subject to administrative sanctions or criminal liability, depending on the severity of the violation.

Decree No. 15/2020/ND-CP on penalties for administrative violations in the fields of postal services, telecommunications, radio frequencies, information technology, and electronic transactions: This Decree clearly stipulates administrative sanctions for violations concerning online information, including the dissemination of untruthful, distorted, or defamatory information through the use of technologies such as deepfakes. Specifically, Article 101 of this Decree prescribes a fine ranging from 10 million VND to 20 million VND for acts of disseminating false information or insulting the honor and reputation of organizations or individuals.

IV. About Us, Hankuk Law Firm

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■ Hankuk Law Firm – Introduction

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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