Analysts say Vietnamese decree deepens control over social media

HO CHI MINH CITY, VIETNAM — A Vietnamese decree taking effect at end of December that increases requirements on social media platforms in the country to share user information is a continuation of Hanoi’s yearslong effort to control online activity, analysts and activists have told VOA.

Decree 147, on the management, provision and use of internet services and information in cyberspace, promulgated earlier this month, will go into effect December 25. Along with adding regulations concerning online gaming, the decree says social media platforms operating in Vietnam must store user data locally, give user information to the government on demand, and take down what authorities consider illegal content within 24 hours.

Users also will be required to use their phone number or ID before posting on sites including Facebook, the country's most popular social media platform, with more than 86 million users.

Tran Anh Quan, a Vietnamese social activist living in exile, who asked that his location not be revealed, told VOA on November 22 that the new decree will make posting online more dangerous for those who wish to speak out. He said he believes the decree is aimed at dissidents who often post under pseudonyms.

"This decree is clearly aimed directly at Vietnamese social activists, democracy fighters and dissidents," he wrote in Vietnamese over Telegram.

"Dissidents in Vietnam often use fake accounts, or do not verify their social media accounts, to avoid being fined by the police. But this decree requires users to verify their identities on social media. And those who express dissent will certainly be considered to have violated regulations for ‘bad’ or ‘anti-state’ content," Quan wrote.

A government official says the new decree will empower authorities to more efficiently oversee social media platforms in the country.

Nguyen Tien Nam of the Communication Ministry's Cyber Security Department told state-run Vietnam Television that "account identification helps authorities identify the real identity behind the account, providing good support for the investigation and handling of violations."

Phil Robertson, director of the nonprofit organization Asia Human Rights and Labour Advocates, told VOA by email the same day that the decree will have a "strong chilling effect on internet freedom."

"Decree 147 will be an unmitigated disaster for freedom of expression and privacy rights for Vietnamese who use social media, especially when talking about anything that is remotely critical of the government," he wrote.

"People will realize the government can use its surveillance capacity to immediately track what anyone says," he added.

Online policing

Duy Hoang, executive director of the banned pro-democracy political party Viet Tan, told VOA that although the decree imposes new restrictions, Vietnamese authorities have been unveiling similar policies since social media took off in the country in the 2010s.

"It feels like déjà vu because ever since social media took off in Vietnam, the authorities have been trying to find ways to control it, to censor it, to expose users, and especially to limit social media," he said by phone November 21.

Along with putting its first cybersecurity law into effect in 2019, the government created Force 47 in 2017. Force 47 is a military cyber unit which is believed to have 10,000 members whose job is to push a pro-government agenda online and harass users who share views criticizing authorities or policies.

Zachary Abuza, Southeast Asia expert and professor at the National War College in Washington, told VOA by phone November 22, that pro-government accounts using fake names will likely escape scrutiny under the new decree.

"It wants to end this cloak of anonymity," Abuza said of the decree. "But we also know that the government is going to abuse it, because a lot of those government accounts are trolls, so you know this is going to be applied unevenly."

Do Nguyen Mai Khoi, a Vietnamese singer and activist who has been living in the United States since leaving Vietnam for fear of arrest, told VOA that the new decree will enhance authorities’ ability to censor and jail dissidents.

"This decree only tightens freedom of speech in cyberspace and makes it easier for the government to control the internet, as they have been doing and continue to do," she wrote over Signal on November 22.

There are currently 180 jailed activists in Vietnam according to The 88 Project, a U.S.-based nonprofit advocating for human rights in Vietnam. A 2021 Amnesty International report said a growing proportion of prisoners of conscience in Vietnam are imprisoned because of online posts.

According to the NGO, 41% of jailed dissidents were behind bars because of "peaceful online speech."

"Many people have been fined and imprisoned just because of their social media posts," Mai Khoi said.

Social platforms

"I'm sure that Meta, Google, and other social media will jump to obey any government orders for content takedowns, and in fact, they have been doing so for quite some time," Robertson wrote. "The days of internet company claims that they will resist unfair Vietnamese official demands are long over."

In a November 12 report, the international law firm Baker & McKenzie wrote that Decree 147 will significantly impact online platforms available in Vietnam.

"Given the complexity of this decree and to better prepare for the upcoming changes, companies are strongly encouraged to conduct risk and compliance gap assessments and legal analysis of the decree," the report stated.

Mai Khoi called on social media sites to adhere to their stated goals.

"I wanted to tell the social media companies that they should keep their promises to protect freedom of speech online, they shouldn’t follow the government’s requirements to violate privacy rights and human rights," she wrote.

Abuza, however, said that with such a large user base, social media companies have little incentive to push back against Vietnam's cyber laws.

"I just don't see Facebook, which sees Vietnam as such a lucrative market, being able to resist," Abuza said.