WHY IS T IKTOKER NOT AFRAID OF VIOLATIONS OR RE-INFRINGEMENT?
Recently, the case of Pham Duc Tuan (No O No) has received a wave of angry reactions from public opinion, when he made a clip comparing the leader with Le Tuan Khang. After the incident, this TikToker was fined 30 million VND by the Department of Information and Communications of Ho Chi Minh City and his channel was blocked. This is not the first time No O No has been fined. Two years ago, this person also had his channel blocked and had to pay a fine of 7.5 million VND for providing and sharing information that is not in accordance with the nation's traditions and customs.
A series of toxic, deviant, and offensive trends on the TikTok platform have outraged public opinion.
Currently, many TikTokers earn huge amounts of money from promoting products and brands for brands, affiliate marketing, self-employment, etc. The more views/followers a channel has, the more money it makes. For that reason, many people have disregarded it, using all kinds of tricks to build channels, carry out toxic trends, create "dirty", offensive content, etc. Lawyer Tran Minh Hung (Ho Chi Minh City Bar Association) analyzed: "Hot TikTokers have huge incomes, so the current administrative fine is not heavy enough, nothing compared to the amount of money they earn. Therefore, they can make a trade-off decision".
In addition, the factor that makes TikTokers constantly re-offend also comes from the leniency of a part of social network users. No O No's channel has been locked 3 times, but after each time, it doesn't take much effort to "start over". This is also the reason why many content creators ignore the view count, apologize for mistakes, hide for a while and then come back. That makes many people concerned when social network participants are lenient with dirty content. Master Le Anh Tu, lecturer at the Faculty of Public Relations - Communication, Van Lang University (HCMC), said: "The decision to boycott or continue to follow these TikTokers is the right of social network users. On this issue, it is difficult to criticize heavily because it depends on the people's intelligence. As long as there are followers, TikTokers will continue to create channels".
TikToker No O No was fined twice by the Ho Chi Minh City Department of Information and Communications for producing clips containing "dirty" content to attract views.
ADDITIONAL SANCTIONS SHOULD BE APPLIED
From the above analysis, it can be seen that increasing sanctions can be an effective solution to limit content creators who are "immune" to the law. "In my opinion, the fine should be increased, the amount should be 3-4 times larger than the current fine. In addition, if they still re-offend, the fine should be heavier, the law should be amended to increase sanctions, and additional penalties can be applied. In addition to fines, the authorities can also consider forms of punishment such as permanently banning accounts, banning from practicing a profession, or punishing with community service for a certain period of time to have enough deterrence," lawyer Tran Minh Hung suggested.
When asked whether criminal proceedings should be held against TikTokers who deliberately re-offend, lawyer Hung said that criminal proceedings are the highest level, only when it is really necessary to deal with individuals who do not admit their mistakes, intentionally commit crimes for the purpose or motive of opposing or causing social disturbance, or the consequences are considered to be at the level of criminal proceedings. Therefore, to assess the wrongdoings of TikTokers, the authorities will consider the posted content, the nature of the impact of the incident, the actual consequences, and the personal background of the violators.
Mr. Hung added: "According to the provisions of Clause 1, Article 7 of the Law on Handling of Administrative Violations, after 1 year from the date of completion of the administrative penalty decision, if there is no re-offending, it is considered that there has not been an administrative penalty. Therefore, the current administrative penalty by the competent authority is appropriate. If there is continued violation, the criminal prosecution of the channel owners when there are sufficient signs and nature is justified."
In addition to strong punishment, lawyer Hung said that authorities also need to have measures to strictly manage social networking platforms. Currently, the control, censorship and prevention of bad and toxic information that violates community standards and Vietnamese laws on TikTok have been focused on by developers. However, in reality, bad and toxic information still appears widely, even becoming a trend. "It is time for authorities to tighten management over social networking platforms. If TikTok does not cooperate and does not authorize a legal entity in Vietnam to manage and monitor content, then authorities should consider whether to let TikTok continue to operate in our country or not," this lawyer emphasized.
NEED TO TREAT THE ROOT OF THE PROBLEM
Dealing with content creators or controlling social media platforms is only a temporary solution, the root of the problem is the awareness of social media users themselves. Master Le Anh Tu, lecturer at the Faculty of Public Relations and Communications at Van Lang University (HCMC), said that it is necessary to orient and educate users, especially young people. "In my opinion, there must be a "slow and steady" measure, it cannot be changed overnight. Schools and families will play an important role in this process. When social media users select content, aiming for standard, positive, and meaningful information, "dirty" information and negative content will be gradually eliminated. From there, the social media environment will also be purified," said Mr. Tu.
According to Master Le Anh Tu, a content creator who is too formal will sometimes be judged as bland and unattractive. However, if they ignore the view count with "dirty" content, the consequences will be unpredictable. Instead, content creators should create their own identity based on their own strengths to become famous in the long term. "Those strengths can come from the topics of travel, beauty, foreign language learning, research software, guiding people to practice sports skills, cooking, self-care... both in line with trends and also beneficial to the community, contributing to raising social awareness and spreading good values", Mr. Tu shared.
Source: https://thanhnien.vn/tiktoker-cau-view-bat-chap-vi-pham-phap-luat-lieu-co-the-xu-ly-hinh-su-185241215194806175.htm
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