How does Vietnam use Article 258 of its penal code to silence dissidents?

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Vietnam Utilises Article 258 of the Penal Code to Suppress Dissent Through Online Activities

Vietnam frequently employs Article 258 of its penal code, which criminalises "abusing democratic freedoms," to prosecute individuals, particularly activists, for their online expressions. This legal provision has become a key instrument in the communist regime's efforts to control dissent and silence critical voices, especially those amplified through social media platforms like Facebook. The application of Article 258 has seen a notable increase in recent years, with a significant rise in the number of activists jailed for their online activities.
Prosecution for Online Content Under Article 258

The use of Article 258 against activists often stems from their online campaigns and posts, which authorities deem to be "abusing democratic freedoms" and acting against the interests of the state. In a recent case, Dinh Nhat Uy, a 30-year-old activist, went on trial for allegedly posting "bad and false information about the state, organisations and individuals" on Facebook. His indictment specifically cited the widespread sharing and commenting on these posts, which authorities claimed amounted to smearing and insulting the state and its citizens. This case is reportedly the first instance where a Vietnamese activist has faced trial solely for comments made on social media.
Article 258 as a Tool Against Dissidents

Article 258 of Vietnam's penal code is regularly invoked by the authoritarian government to silence dissidents and activists who express views critical of the state or its policies. This article carries a maximum penalty of seven years imprisonment, making it a significant deterrent. The Vietnamese government, which bans private media and maintains strict control over all forms of traditional media, views the internet and social media as potential avenues for challenging its authority. Human Rights Watch has noted that at least 61 activists and dissidents have been jailed in Vietnam in the year preceding the report, an increase from approximately 40 in the previous year, highlighting the intensified crackdown on peaceful activists.
Broader Context of Internet Regulation in Vietnam

The prosecution of individuals under Article 258 occurs within a broader context of Vietnam's stringent control over media and online freedom. The country has been described by Reporters Without Borders as an "enemy of the Internet." In addition to Article 258, Vietnam recently introduced a sweeping new Internet law that further restricts online activities by prohibiting bloggers and social media users from sharing news stories. While Uy's case was not brought under this new legislation, it underscores the government's commitment to curtailing online freedoms and prosecuting those who use digital platforms to voice opposition or advocate for change.

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How does Vietnam use Article 258 of its penal code to silence dissidents?

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