What must be done to make cross-border social networks comply with the laws of the host country? This is a challenge not only for Vietnam but also for all countries in the world.
Dangers from the rise of digital powers
Countries around the world are at risk of being run by digital forces such as Facebook, Twitter, Google, and Apple. The results of the recent US presidential election show that the digital forces can completely influence the election results.
From a digital administration perspective, last week, Mark Zuckerberg – the Facebook owner announced to temporarily lock the Facebook and Instagram accounts of US President Donal Trump for violating the policy of this social network.
|The fact that Mark Zuckerberg blocked US President Donal Trump’s Facebook account caused a big debate over the authority of social media sites.|
The president of a country has his accounts locked out just for violating a one-business policy. When making such a statement, it is also a sign that Facebook – a private enterprise is ready to openly challenge state power if necessary. This will be a wake-up call for governments in many countries around the world.
In fact, the digital powers today are like virtual governments, with great power but not strictly controlled by the current legal system.
Any country and anyone can become a victim if dependent on cross-border technology platforms. Therefore, the world in general and Vietnam in particular need to consider measures to protect national sovereignty and prosperity in cyberspace.
The problem of managing cross-border platforms
Statistics from the Ministry of Information and Communications show that in Vietnam, bad news is mainly derived from cross-border platforms. In the opposite direction, domestic companies are complying with the provisions of Vietnamese law quite well.
Among the cross-border platforms that are present in our country today, Facebook and YouTube are still the main “areas” that bad guys use to spread bad news.
However, the control of this information is currently relatively satisfactory with the cooperation of cross-border platforms. This result is due to the implementation of many legal, economic and technical solutions to force cross-border businesses to comply with Vietnamese laws.
|State management agencies always show their views that require cross-border platforms such as Facebook and Google to comply with the laws of Vietnam.|
In fact, when Vietnam increased pressure, Facebook increased the rate of responding to the request of state management agencies from the original 10% to 95%. With YouTube, the response rate has increased to 90% from just 30% previously.
At the moment, the amount of bad news that has been removed in Vietnam has increased 30 times compared to the period 2017-2018. The proportion of bad information also decreased significantly, from over 30% to below 10%.
However, apart from dealing with malicious information, there are still many issues that need to be addressed when it comes to the presence of cross-border platforms in Vietnam.
The most obvious is the tax issue. According to Statista’s statistics, in 2020, the revenue of the entire online advertising market in Vietnam is estimated at 290 million USD. A huge chunk of this money goes to search ads, video ads, and social media sites.
These are regions that are largely in the hands of cross-border platforms. Despite making hundreds of millions of dollars in the Vietnamese market, platforms such as Facebook, YouTube, and Google seem to have forgotten the obligation to contribute back to society through paying taxes.
In addition, foreign social networking platforms have not yet complied with the provisions of Vietnamese law related to advertising activities in the network environment. These will continue to be issues that need to be addressed when it comes to stories of cross-border businesses in Vietnam.
What are we doing to manage Facebook, Google?
Compared to other businesses, cross-border platforms like Facebook and Google are digital technology companies. Meanwhile, the common feature of technology is changing day by day. Therefore, even in any country, the legal system must always follow and update with the changes of technology.
To manage cross-border platforms such as Facebook, Google, what the Vietnamese regulator is doing is finding ways to complete the relevant legal corridors. These will be important bases to force cross-border businesses to comply with the law.
|Vietnam is actively completing a legal corridor to have grounds to fight with Facebook and Google.|
At the present time, the Ministry of Information and Communications has completed collecting comments on the draft Decree amending and supplementing a number of articles of Decree No. 181/2013 / ND-CP dated November 14. /two thousand and thirteen. This is the Decree detailing a number of articles of the Law on Advertising, especially for cross-border advertising activities.
At the proposal of the drafting unit, foreign organizations and individuals providing cross-border advertising services on the network environment with revenue generation or users in Vietnam must comply with the regulations of law of Vietnam. Among them, there are laws on advertising, law on management, provision and use of Internet services and information on the Internet.
Cross-border advertising service providers must pay tax according to law. These units are obliged to inspect and review advertising products to ensure the provisions in Article 8 of the Law on Advertising.
The sanctioned acts include advertising banned products, goods or services (guns, weapons, cigarettes, drugs, …), disclosing state secrets, causing harm to independence, national sovereignty, insulting cultural celebrities, national heroes, honor, prestige and dignity of organizations and individuals.
|Managing cross-border platforms is a challenge not only for Vietnam but also for all countries around the world.|
Cross-border advertising service providers in Vietnam must also comply with the provisions of Clause 1, Article 8 of the Law on Cyber Security.
Accordingly, these units are not allowed to place advertising products in positions with content to convince, incite, bribe, deceive, entice, train and train people to oppose the Socialist Republic of Vietnam. Vietnamese meaning.
Places containing contents that distort history, false information, prostitution, social evils, human trafficking and incite, induce, incite other people to commit crimes will not be allowed to advertise .
The Decree also requires cross-border advertising service providers to have a solution to ensure that advertisers in Vietnam have the ability to control, detect and remove advertising products that violate regulations. law.
When officially approved, the Decree amending and supplementing a number of articles of Decree No. 181/2013 / ND-CP dated November 14, 2013 will be one of the important bases, creating a necessary legal corridor. is designed to manage cross-border platforms such as Facebook, Google.
In addition, in 2021, the Ministry of Information & Communications will also issue a code of conduct on cyberspace and require social networks to identify users. This will be one of the fundamental solutions, eliminating the thought that users can anonymize to avoid responsibility when speaking on the network environment.
Google, Facebook can be fined heavily if violating EU laws
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