Insulting Others is a Violation of the Law

In the showbiz world, speaking ill of each other is as common as daily meals. Recently, Lam Chi Khanh was very upset over a 4-minute taped recording allegedly from Huong Giang Idol, which insulted her. "Insult" is understood as the act of humiliating others, severely offending their honor, dignity, and reputation.

The Constitution, the supreme law, grants every citizen the inviolable right to their honor and dignity. Article 37 of the 2005 Civil Code also states: "The honor, dignity, and reputation of an individual are respected and protected by law." Therefore, the act of humiliating others is not only unbecoming but also subject to criminal prosecution and compensation to the victims. Specifically:

Article 121 of the Criminal Code 1999 stipulates the offense of humiliating others:

Any person who seriously offends the dignity, honor of others shall be subject to warning, non-custodial reform for up to two years, or imprisonment from three months to two years.

Committing the offense under one of the following circumstances shall be subject to imprisonment from one to three years:

- Committing the crime multiple times;- Against multiple people;- Abusing one's position or power;- Against a public service worker;- Against a person responsible for teaching, nurturing, caring for, or treating the offender.

The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain jobs for one to five years.

Besides being held criminally liable, the intentional act of insulting others also requires the offender to compensate for the mental distress caused. According to Article 604 of the 2005 Civil Code: "Anyone who, through intentional or unintentional fault, infringes upon the life, health, honor, dignity, reputation, property, rights, and other legitimate interests of an individual, or infringes upon the honor, reputation, property of a legal entity or other entity causing damage is obliged to compensate for the damage."

Thus, if one's honor or dignity is infringed upon, one has the right to file a civil lawsuit to protect their interests. However, the burden of proof lies entirely with the claimant. In the above case, is the taped recording considered evidence?

Under existing law, a taped recording is considered one of the sources of evidence (as per Article 82 of the Civil Procedure Code 2004, amended and supplemented in 2011). However, a taped recording is not always accepted by the Court; it must meet certain conditions.

Specifically, for a taped recording to be considered evidence, it must be presented along with a document confirming the origin of that material or a document related to the recording event. These materials can be tapes, audio recordings, video recordings, discs, films, photos, etc. (according to Point b Clause 2 Article 3 of Resolution 04/2012/NQ-HDTP).

For example, in the above case, when submitting the taped recording, one must provide the Court with a confirmation document from the person who supplied the recording regarding its origin. Additionally, authorities must provide voice identification results to verify if it matches the defendant's voice.

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