Is it illegal to take pictures of others without permission in Vietnam without permission in Vietnam? How many years in jail for spying on others?
Is it illegal to take pictures of others without permission in Vietnam without permission in Vietnam?
Pursuant to the provisions of Article 32 of the 2015 Civil Code, the rights of individuals to images are as follows:
Personal rights to images
1. Individuals have rights to their own images.
The use of an individual's image must be consented to by that person.
The use of other people's images for commercial purposes must pay remuneration to the person having the image, unless otherwise agreed by the parties.
2. The use of images in the following cases does not require the consent of the person having the image or their legal representative:
a) The image is used for national, ethnic or public interests;
b) Images are used from public activities, including conferences, seminars, sports competitions, art performances and other public activities without damaging honor and dignity. , the reputation of the person with the image.
3. If the use of images violates the provisions of this Article, the person having the image has the right to request the court to issue a decision to force the violator, relevant agencies, organizations and individuals to withdraw and destroy them. cancel, terminate the use of images, compensate for damage and apply other handling measures as prescribed by law.
Accordingly, the individual has the right to his or her image and the use of the individual's image must be consented by the person.
In addition, according to the provisions of Article 38 of the Civil Code 2015, the rights to private life, personal secrets and family secrets are as follows:
Right to privacy, personal secrets, family secrets
1. Private life, personal secrets, family secrets are inviolable and protected by law.
2. The collection, storage, use and disclosure of information related to private life and personal secrets must be consented to by that person, and the collection, storage, use and disclosure of related information relating to family secrets must be agreed by family members, unless otherwise provided for by law.
3. Letters, telephones, telegrams, electronic databases and other forms of exchange of private information of individuals shall be kept safe and confidential.
Opening, controlling, and seizing the correspondence, telephone, telegram, electronic database and other forms of exchange of private information of other persons shall be carried out only in cases prescribed by law.
4. The parties to a contract must not disclose information about each other's private life, personal secrets and family secrets that they have known in the process of establishing and performing the contract, unless there is a other agreement.
Accordingly, private life, personal secrets and family secrets are inviolable and protected by law.
From the above grounds, it can be seen that individuals have the right to their image, the right to their private life and personal secrets. Therefore, the act of secretly filming and taking pictures of others is a violation of the law.
Is it illegal to take pictures of others without permission in Vietnam without permission in Vietnam? How many years in jail for spying on others? (Image from the internet)
How to compensate for damage when using hidden camera images to lose honor, dignity and reputation of others?
Pursuant to the provisions of Article 592 of the Civil Code 2015, the damage caused by the infringement of honor, dignity and reputation is as follows:
Damage caused by infringing upon honor, dignity and reputation
1. Damage caused by infringing upon honor, dignity or reputation includes:
a) Reasonable expenses to limit and remedy damage;
b) Actual lost or reduced income;
c) Other damage prescribed by law.
2. The person responsible for compensation in case the honor, dignity or reputation of another person is infringed upon must pay compensation for damage as prescribed in Clause 1 of this Article and another sum of money to make up for the loss of spirit. god that the person suffers. The level of compensation for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose honor, dignity or reputation has been infringed shall not exceed ten times the base salary prescribed by the State.
Accordingly, in the event that other people secretly record your images and use videos and images with your photos infringing upon your honor, dignity and reputation, they may be liable for compensation including: :
- Reasonable costs to limit and remedy damage;
- Actual lost or reduced income;
- Other damage prescribed by law.
How many years in jail for spying on others?
Pursuant to the provisions of Article 155 of the Penal Code 2015 (amended by point e, Clause 2, Article 2 of the Law on Amendment of the Penal Code 2017), the crime of humiliating others is as follows:
Crime of humiliating others
1. Those who seriously offend the dignity and honor of others shall be subject to warning, a fine of between VND 10,000,000 and 30,000,000 or non-custodial reform for up to 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 03 months and 02 years of imprisonment:
a) Committing the crime twice or more;
b) Against 02 or more people;
c) Abusing positions and powers;
d) Against persons on official duty;
dd) Against the person who teaches, nurtures, takes care of and cures his/her illness;
e) Using computer networks or telecommunications networks or electronic means to commit crimes;
g) Causing mental and behavioral disturbances to the victim with an injury rate of between 31% and 60%
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 05 years of imprisonment:
a) Causing mental and behavioral disorders of the victim with an injury rate of 61% or higher;
b) Causing the victim to commit suicide.
4. Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for between 01 and 05 years.
Accordingly, in the case of anyone who secretly records other people and uses such videos and images to make public, post information to offend your honor and dignity, they will be fined from 10,000. 000 VND to 30,000,000 VND or non-custodial reform for up to 03 years.
In addition, a prison term of up to 5 years may be imposed when committing aggravating circumstances such as:
- Causing mental and behavioral disturbances of the victim with an injury rate of 61% or more;
- Causing the victim to commit suicide.
In addition, those who secretly film others in order to fabricate or spread things that are known to be untrue in order to seriously offend the dignity and honor or cause damage to the lawful rights and interests of others may also was examined for penal liability for slander not specified in Article 156 of the 2015 Penal Code.
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