Human Rights Watch (HRW) on Wednesday called for the immediate release of a social media commentator who was sentenced to six years of imprisonment for criticizing the Vietnamese government, stating that her conviction is a violation to the right to freedom of expression.
In January, blogger Hoang Thi Hong Thai was arrested after she made critical comments about the government, which were posted on her Facebook. Thai was arrested under the allegation of “conducting anti-state propaganda” contrary to Article 117 of the Criminal Code. Article 117 outlines that “making, storing, disseminating or propagating information, documents and items aimed at opposing the Socialist Republic of Vietnam” is a criminal offense, which could lead to five to 12 years’ imprisonment, or up to 20 years in “serious cases.”
According to HRW, Thai was expressing sympathy towards repressed rights activists, and published posts discussing sociopolitical issues. She expressed criticism towards Article 117 and 331 of the Criminal Code, and urged the government to reform the laws violating free speech. In a post prior to her arrest, she revealed the intimidation and repression that she and her family faced as a result of her writing. The day before her arrest, she posted a critique of the political and legal system in Vietnam.
HRW called for Thai’s conviction to be quashed and for her immediate release. The group condemned the government’s prosecution of free speech, stating that she “should never have been prosecuted for speaking out against injustice”.
The arrest formed part of a larger crackdown by authorities on individuals who expressed dissenting speech. According to HRW, the Vietnamese authorities have arrested and detained five others for the publication of a book about Ho Chi Minh. All five have been charged under Article 117. Despite the 2013 Vietnamese Constitution providing safeguards to the right to freedom of speech and expression, human rights activists have pointed out that subordinate laws and state practices heavily restrict these fundamental liberties in practice, oftentimes using ambiguous provisions to enforce severe digital censorship.
Previously, Vietnamese authorities had come under fire for implementing an internet regulation known as Decree 147 that essentially reshapes digital speech, content moderation and user privacy by forcing social media users to verify their identities with their mobile numbers or national identification numbers. Additionally, offshore platforms which were generating over 100,000 monthly visits from Vietnam were mandated to store users personal details and hand them over at the request of the Ministry of Public Security without a warrant.
Rights groups have utilized this regulation to illustrate how the Vietnamese government is constructing an inescapable state surveillance mechanism that effectively filters any opinions or information that it deems unsatisfactory to state interests.
Freedom of expression is protected under Article 19 of the Universal Declaration of Human Rights (UDHR), and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).
Vietnam forms part of the Association of Southeast Asian Nations (ASEAN), and the right to freedom of expression is a protected and guaranteed under the ASEAN Human Rights Declaration.
