Protecting Vietnam’s Sovereignty in Cyberspace: Insights from Human Right Laws

Abstract

In order to protect state sovereignty in cyberspace, Vietnamese law has placed restrictions on the right to online free expression. Using qualitative and empirical methods, this article examines the necessity and proportionality of these restrictions. The article finds that the language of a number of restrictive provisions appears to be more political than legal. The second reason is that vague and expansive laws may make it difficult to determine the true extent of damage in criminal prosecutions involving online expression that undermine state sovereignty. It would violate Articles 19 and 20 of the International Covenant on Civil and Political Rights. To surmount this opposition, Vietnamese lawmakers must provide a comprehensive interpretation of the relevant laws to ensure that the freedom of online expression is vitally important but must be balanced with the national interest.