Is it against the law for posting pictures of a husband, who is cheating on his wife in Vietnam? What are the fines for posting pictures of a husband, who is cheating on his wife in Vietnam?

Is it against the law for posting pictures of a husband, who is cheating on his wife in Vietnam?

Pursuant to Article 32 of the Civil Code in 2015 stipulating rights of an individual with respect to his/her image as follows:

1. Each individual has rights with respect to his/her own image.

The use of an image of an individual must have his/her consent.

When an image of an individual is used for commercial purposes, that person is eligible for a remuneration, unless otherwise agreed.

2. The use of image for any of the following purposes needs not the consent of the image’s owner or his/her legal representative:

a) For national and public benefits;

b) For public activities, including conventions, seminars, sports activities, art shows and other public activities that do not infringe the honor, dignity or prestige of the image’s owner.

3. If the use of an image violates the regulation prescribed in this Article, the image’s owner has the right to request a court to issue a decision that compel the violator or relevant entities to revoke, destroy or terminate the use of the image, compensate for damage and adopt other measures as prescribed in law.

As regulations above, the use of an image of an individual must have his/her consent. Therefore, it is illegal for posting pictures of a husband, who is cheating on his wife in Vietnam, without his consent.

What are the fines for posting pictures of a husband, who is cheating on his wife in Vietnam?

Pursuant to Article 101 of the Decree 15/2020/NĐ-CP (amended by Clause 37 Article 1 of the Decree 14/2022/NĐ-CP) stipulating violations on responsibility for using social networking services; Website established through social networks as follows:

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:

a) Providing/sharing fake or false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals;

b) Providing/sharing information with the aims of encouraging unsound customs, superstitions or pornography, or which is not conformable with the national good traditions and customs;

c) Providing/sharing information describing in detail acts of cutting off/killing, accidents, horror and frightful acts;

d) Providing/sharing fictitious information with the aims of causing a panic among the population, inciting violence, crimes, social evils, gambling or serving gambling activities;

dd) Providing/sharing journalistic, literature and arts works and other publications without the consent from holders of intellectual property rights over such works, or which are not allowed to be distributed or subject to a distribution prohibition or confiscation decision;

e) Advertising, disseminating or sharing information on prohibited goods/services;

g) Providing/sharing images of Vietnam’s map which does not indicate the entire and accurate national sovereignty;

h) Providing/sharing paths/links to prohibited information on networks.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information classified as state secret, an individual’s privacy or other secrets if not liable to criminal prosecution.

3. Remedial measures:

Enforced removal of false, misleading or violating information in case of commission of any of the violations in Clause 1 and Clause 2 of this Article.

As regulations above, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for posting pictures of a husband, who is cheating on his wife in Vietnam. In addition, those pictures shall be forced to be removed.

Shall the act of posting pictures of a husband, who is cheating on his wife in Vietnam, be liable to criminal prosecution in Vietnam?

Pursuant to Article 155 of the Criminal Code in 2015 (amended by Clause 2.e Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating insults to another person as follows:

1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence involves abuse of the offender's position or power;

d) The offence is committed against a law enforcement officer in performance of his/her official duties;

dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

e) The offence is committed using a computer network, telecommunications network or electronic device;

g) The victim suffers from 31% - 60% mental and behavioral disability because of the offence.

3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

If you post pictures of your husband cheating on the internet, you may be criminally prosecuted. The number of years in prison will depend on the level of behavior and the outcome of the investigating agency.

Best regards!