07/10/2022 08:47

What is the crime of humiliating other persons on facebook in Vietnam?

What is the crime of humiliating other persons on facebook in Vietnam?

The development of social networks has helped people remove geographical distances, freely share information, think and feel... However, along with the advancement of information technology are unpredictable consequences when a part of people have taken advantage of this environment to commit illegal acts, including insulting the image and smearing the honour and dignity of others.

Evidence for this type of crime is through the judgment 11/2018/HSST dated May 25, 2018 on the crime of humiliating others:

At the beginning of 2017, Ms. Nguyen Thi Mai H (born in 1977, residing in Le M Ward, V City, NA Province) was introduced and acquainted with Duong Tuan H (born in 1977, residing in Group 14, Town). Cam X town, Cam X district, HT province) through social networks.

After that, Ms. H found out that Mr. H had not been divorced and was currently living with his wife and children, so she took the initiative to break up. However, Mr. H did not want to break up, but tried to hold on to his feelings. Because Ms. H did not agree, Duong Tuan H sent a message to her threatening to post sensitive photos on the social network facebook (because of the process of falling in love, Ms. H sent Duong Tuan H some sensitive photos of herself and H saved these pictures in H's phone).

Duong Tuan H had humiliated Ms. H, such as using facebook to impersonate Ms. H to make friends with many people, including her friends and relatives, and then texted many people with the content of getting acquainted, soliciting affection, and then H sent these people her sensitive pictures, phone number, address and some other personal information for the purpose of making these people mistakenly believe that Ms. H solicited their feelings to humiliate Ms. H.

It must be understood that threatening to release hot photos, false messages, and insulting the honor and dignity of other persons online is a violation of Vietnamese law and is strictly prohibited by law.

An act of humiliation is understood as an act that seriously offends the dignity and honor of another person. Depending on the nature and seriousness of the violation, it may be administratively sanctioned or examined for penal liability.

1. Regarding criminal handling: the crime of humiliating others is specified in the 1999 Penal Code as follows:

Article 121. Crime of humiliating others

1. Those who seriously infringe upon the dignity or honor of other persons shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and three years of imprisonment:

a) Committing the crime more than once;

b) Against more than one person

c) Abusing positions and/or powers;

d) Against persons who are performing their official duties;

e) Against persons who educate, nurture, look after or medically treat them.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

2. Regarding administrative handling: According to the provisions at Points d and e, Clause 1, Article 5 of Decree No. 72/2013/ND-CP of the Vietnamese Government on management, provision and use of internet services and online information regulations: prohibiting the following acts: “Put information that distorts, slanders, insults the reputation of the organization, the honor and dignity of the individual”; "Forging organizations and individuals and spreading fake and untrue information infringing upon the legitimate rights and interests of organizations and individuals".

Meanwhile, violators are also sanctioned according to Article 66, Decree 174/2013/ND-CP on the use of digital information for the purpose of offending the honour and dignity of others. Specifically, a fine of between VND 10 million and VND 20 million shall be imposed for the following acts: Providing, exchanging, transmitting or storing, using digital information to threaten, harass, distort, slander or offend the reputation of the organization, the honor, dignity and reputation of others.

The act of posting "hot" photos of others on Facebook to offend the honor and dignity of others will be administratively sanctioned according to Point a, Clause 1, Article 5, Decree 167/2013/ND-CP.

Article 5. Violations against regulations on public order

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows: Having gestures and words which are rude, provocative, teasing or insulting to the honor and dignity of others;

In addition, the right to protection of an individual's honor, dignity and reputation is specified very specifically in Article 34, the Civil Code 2015 of Vietnam, whereby: "Honour, dignity, and prestige of an individual are inviolable and protected by law"; "Individuals have the right to request the Court to reject information that adversely affects their honor, dignity and reputation..."

Social media is like a double-edged sword. Along with the positive side that it brings to society, there are many people who take advantage of this environment to commit illegal acts. Therefore, social network users should actively protect their rights. Moreover, it is necessary to strengthen the sanctions to handle more severe violations, and to develop a policy to manage information on social networks.


Kim Hue

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