In the context of rapid technological advancement, artificial intelligence (AI) and deepfake technologies have emerged as powerful tools that not only serve the creative industries but also pose latent risks to public security and social order. Fabricated videos, images, and audio are becoming increasingly sophisticated and difficult to distinguish, resulting in serious consequences when misused to distort facts, defame the reputation and dignity of individuals and organizations, or even to perpetrate fraud and misappropriation of assets.
DNP Viet Nam Law Firm consistently leads in providing high-quality legal services and promptly updating clients on developments in the legal landscape. We recognize the serious risks associated with the misuse of AI and deepfake technologies. Accordingly, this article is intended to raise awareness of potential legal sanctions applicable to the use of such technologies in unlawful conduct, particularly in scenarios involving the distortion of information, defamation, and fraud.
1. How Deepfake Technology Works
Deepfake technology refers to the application of artificial intelligence (AI) to generate synthetic audio, images, and video that replicate real-world individuals with a high degree of visual and auditory realism. At its core, deepfake systems analyze and learn from existing media data – including facial images and voice recordings of a real person – and then use advanced machine learning algorithms to reconstruct and imitate those features in a context that did not originally occur. This process often involves generative models, such as deep neural networks, which learn to match facial expressions, mannerisms, and vocal characteristics from the source data.
Once trained, deepfake tools can create entirely fabricated media in which an individual appears to speak, act, or behave in ways that are not real. Actors with malicious intent may collect publicly available images or audio from social media or other online sources and then employ deepfake technology to produce animated images or videos that convincingly depict a user speaking in real-time with matching facial features, vocal tone, and linguistic style.
2. Legal Framework Related to the Use of AI to Generate Fabricated Content
In Viet Nam, while there is no specialized statute that exclusively regulates deepfake or AI-generated fabricated content, the current legal framework provides a number of existing laws and regulations that can be applied to address unlawful use of such technology, including the dissemination of false information, defamation, and fraud.
a. Law on Cybersecurity 2018 (Law No. 24/2018/QH14
The Law on Cybersecurity 2018 establishes protections for national security, the safety of information systems, and public order in cyberspace. Under this law, certain conduct that exploits cyberspace in harmful ways is prohibited, and individuals or organizations may bear legal responsibility for violations. Although the law does not mention “deepfake” explicitly, it applies broadly to actions that manipulate or distort information online in a way that can endanger national security, social order, or legitimate interests.
Key principle: Actions that misuse AI to generate and disseminate false or distorted content – thereby infringing on the rights and legitimate interests of individuals, organizations, or the State – may be treated as prohibited conduct under the general provisions safeguarding cyberspace security. Legal reforms and discussions in 2025 have proposed explicitly adding prohibitions on using AI or deepfakes to impersonate individuals and spread false information, reflecting the evolving interpretation of cybersecurity law to address AI risks.
b. Criminal Code 2015 (amended 2017)
Viet Nam’s Penal Code 2015, as amended, does not contain specific provisions for “deepfake” or AI technologies per se, but traditional criminal offenses may be applied where elements of unlawful conduct are met in connection with AI-generated fabricated content. Examples include:
- Defamation – knowingly posting or distributing false content intended to damage an individual’s or organization’s reputation can constitute the crime of defamation;
- Fraud and Deception – use of AI-generated content to deceive another party and cause financial loss may satisfy legal elements of fraud;
- Forgery of Documents – fabricated audio or video used as purported evidence or to misrepresent identity may be treated as forged material under criminal law.
These offenses allow criminal sanctions – including fines and imprisonment – depending on the severity of the act and the harm caused.
c. Press Law 2016
The Press Law governs media activities in Viet Nam and prohibits the publication and dissemination of false, distorted, or defamatory content through recognized press channels. If deepfake or AI-generated fabricated content is distributed by news outlets or other public media entities, relevant press regulations may apply, including administrative or criminal sanctions depending on the circumstances.
d. Decree 15/2020/NĐ-CP (Administrative Sanctions)
Decree 15/2020/NĐ-CP on administrative sanctions in the fields of information technology and electronic transactions codifies fines and corrective measures for a range of information-related violations. Under this Decree:
- Providing or sharing false, misleading, or defamatory information via internet services – including social networks or electronic platforms – is subject to administrative fines.
- The fine for disseminating false or defamatory information ranges from VND 10,000,000 to 20,000,000 for individuals, and higher amounts for organizations, depending on the nature and scope of the violation.
These sanctions serve as non-criminal penalties that may apply even where conduct does not rise to the level of a criminal offense.
3. Methods and Schemes Used in Deepfake Attacks
a. Collecting Personal Information and Images
Attackers first gather publicly available personal information and media from the internet – including phone numbers, social media accounts, and images of the intended victim (especially individuals with public profiles such as business people, officials, or public figures). They use this data as source material for AI training. These materials are often harvested from open-source platforms such as social networks. This step provides the raw content deepfake models require to generate convincing fabricated media.
b. Creating Fabricated Content Using AI/Deepfake Technology
Using artificial intelligence and deep learning techniques, attackers synthesize fabricated content in which the victim’s face and voice are manipulated or recreated in compromising or sensitive scenarios. With advancements in AI, this synthetic content can achieve a high level of realism, making it increasingly difficult for an ordinary viewer to distinguish between authentic and manipulated media. Attackers may generate explicit images, false video statements, or other video material showing the victim in fabricated situations.
c. Approaching the Victim with Threats to Apply Psychological Pressure
d. Extortion and Coercion for Financial Gain
Attackers then demand payment – typically in the form of bank transfers, electronic wallet transfers, or cryptocurrency – in exchange for not releasing the fabricated media or making it public. Because of the psychological shock and fear of reputational harm, many victims comply and transfer funds. This constitutes a form of extortion or coercive financial obtaining, and it is increasingly recognized as a cybercrime pattern where criminals exploit deepfake tech to extract money from victims.
4. Administrative Penalties for Using AI/Deepfake to Distort, Defame, or Defrau
Under Clause 1, Article 101 of Decree No. 15/2020/NĐ-CP, as amended by Decree No. 14/2022/NĐ-CP, individuals who exploit social networks or Internet services to provide or share false, distorted, defamatory information that harms the reputation or dignity of persons or organizations – where the conduct does not constitute a criminal offense – may be subject to administrative monetary fines. Specifically, fines for such conduct typically range from VND 10,000,000 to VND 20,000,000.
For organizations engaged in similar violations, Clause 2, Article 101 provides for higher fines as well as additional corrective measures. These may include orders to remove unlawful content, suspension of service activities, or revocation of relevant licenses. Furthermore, where deepfake content involves disclosure of personal information, invasion of privacy, or other legally protected secrets, the scope of administrative sanctions may extend further – for example, to fines from VND 20,000,000 to VND 30,000,000 when handling violations involving unlawful information disclosures.
Accordingly, even in the absence of sufficient elements to constitute a criminal offense, individuals or organizations that create or disseminate harmful deepfake content that negatively affects reputation, honor, or privacy can still be held administratively liable, be ordered to remove the content, and be required to take remedial action under current administrative law.
5. Possibility of Criminal Liability for Using Deepfake in Fraud, Defamation, or False Accusation
Although the Vietnamese Penal Code does not explicitly reference “AI” or “deepfake”, established criminal provisions may be flexibly applied to acts that involve AI-generated fabricated content, when the statutory elements of a crime are fully satisfied. Many legal analysts have acknowledged this interpretive approach in the context of addressing “deepfake and the law” in Viet Nam.
a. Defamation (Article 156, Penal Code)
Under Article 156 of the Penal Code, a person who fabricates or disseminates knowingly false information with the intent to seriously harm the honor, dignity, or lawful interests of another person may be subject to criminal prosecution. If deepfake content (such as video, image, or audio) is used to spread knowingly false information that defames an individual or organization – with clear evidence of falsity, knowledge of falsehood, and resultant harm – the conduct may satisfy the elements of defamation under Article 156. Penalties for this offense can include a fine of VND 10,000,000 to VND 50,000,000, corrective labor without detention for up to two years, or imprisonment ranging from three months to one year.
b. Forgery of Seals, Documents, or Use of Forged Materials (Article 341, Penal Code)
Article 341 penalizes acts of forging official seals, documents, or other papers of organizations or agencies, or using such forged materials in unlawful conduct. When deepfake technology is used to produce fabricated videos, images, or purported documents impersonating an individual or entity for the purpose of deception, the conduct could fall within this provision. Sanctions under Article 341 include fines, corrective labor up to three years, or imprisonment from six months to two years; in cases involving aggravating factors (such as organized forgery, repeat offenses, or significant unlawful gain), imprisonment may extend to two to five years or, in more serious cases, up to three to seven years.
c. Fraudulent Appropriation of Property (Article 174, Penal Code)
Under Article 174, a person who, by deceitful means, appropriates property of another may be held criminally liable. This provision applies where AI-generated deepfake content is used to mislead another into transferring assets (e.g., funds, valuables) by convincing them of a false representation. To establish the offense, prosecution must demonstrate: (i) a deceptive act (such as false or fabricated media), (ii) the intent to appropriate property, and (iii) actual unlawful appropriation of assets as a result of the deception. Penalties vary depending on the value of property involved and the severity of harm, and where large-scale financial loss is proven, the offender may face extended imprisonment (including long-term terms up to 12–20 years in the most serious brackets).
6. Recommended Preventive Measures to Avoid Violations and Protect Personal Rights
To mitigate the risk of being targeted by deepfake-related abuse and to safeguard personal rights, individuals are advised to adopt the following risk prevention practices:
- Limit Public Posting of High-Quality Media and Personal Information: Before uploading images and videos – especially clear, high-resolution photos or media revealing personal, family, or professional contexts – carefully consider their necessity. Each publicly shared image provides raw data that could be exploited to produce fabricated deepfake content.
- Remain Vigilant Toward Suspicious Communications: Be cautious when receiving unexpected messages, calls, or video content that include threats, extortion demands, or requests for money or private information. Modern AI-generated deepfake media can be highly realistic and may influence emotional responses; avoid impulsive reactions.
- Verify Authenticity and Resist Psychological Pressure: Recognize that “seeing is not always believing” – convincing images or videos may be fabrications. If under pressure, verify through independent channels (e.g., contact the purported originator using known contact details, consult family or trusted peers for confirmation).
- Report Early to Competent Authorities: At the first sign of threats, extortion, or deepfake misuse, promptly report the matter to law enforcement where you reside or where the incident occurred, to protect legal rights. Vietnamese authorities have issued repeated warnings about AI/deepfake-assisted scams and extortion.
- Avoid Lending or Renting Sensitive Accounts or Assets: Restrict use of bank accounts, mobile SIM cards, or other digital identifiers to your own name and control; unauthorized access by third parties can be exploited for fraudulent operations -including deepfake distribution, extortion, or money laundering.
Conclusion
In the context of rapid digital transformation and technological advancement, the use of deepfake technology-particularly when abused to distort facts, defame reputation, make false allegations, or serve as a tool for fraud and unlawful appropriation of property-raises significant legal and ethical concerns. Although Vietnamese law has not yet enacted a specific statute expressly governing deepfake technologies, existing legal frameworks provide sufficiently clear and applicable bases to address unlawful conduct involving fabricated digital content. This includes provisions that prohibit the dissemination of false information, protect personal rights, and maintain public order and national security, as interpreted under current legislation and draft reforms.
Depending on the severity of the conduct and the harm caused, such unlawful acts may give rise to a range of legal responses, from administrative sanctions and removal of unlawful content to civil liabilities and criminal prosecution. The legal system in Viet Nam allows for such responses under existing provisions related to misinformation, defamation, fraud, cybersecurity, and related offences, even in the absence of a dedicated deepfake law.
DNP Viet Nam Law Firm emphasizes that individuals and organizations should enhance their legal awareness and compliance when creating, using, or disseminating digital media. Adhering to applicable laws and ethical standards is essential to protect legitimate rights and interests, avoid legal liability, and sustain trust in the digital environment. Prompt reporting of abuse or threats involving deepfake or AI-generated fabricated content to competent authorities is also strongly advised to ensure adequate protection and enforcement of legal rights.
