International human rights law suggests a “balance of rights” approach to assess the legitimacy of state restriction to freedom of expression. The resources on this Module survey the application of this test to various areas of conflict, such as defamation and national security. Readings cover various national practices, and jurisprudence, along with academic critiques.
This report, published by Human Rights Watch (HRW), interrogates the scale of the Vietnamese government's abuse of Article 331 of the penal code, which criminalizes infringements “upon the interests of the state,” to persecute critics. Used “not only to silence prominent activists and whistleblowers, but to retaliate against ordinary people who complain about poor services or police abuse, Article 331 is the government’s handy tool to infringe upon the basic rights of Vietnamese citizens,” said Patricia Gossman, Associate Asia Director at HRW. The report identified at least 124 people sentenced to long prison sentences under the article between 2018 and February 2025.
Human Rights Watch. “We’ll All Be Arrested Soon”: Abusive Prosecutions under Vietnam’s ‘Infringing of State Interests’ Law, Human Rights Watch, April 2025. https://www.hrw.org/report/2025/04/21/well-all-be-arrested-soon/abusive-prosecutions-under-vietnams-infringing-state