Posting photos of others on social networks: When to be penalized? What is the penalty?

Nowadays, it is becoming more and more common to post photos of other people on social networking sites. However, not all images are arbitrarily posted on social networks. So when is it fine to post photos of other people on social networks and what is the penalty like?

Posting photos of others on social networks: When to be penalized?  What is the penalty?

Posting photos of others on social networks: When to be penalized? What is the penalty? (Illustration)

1. When is it fine to post pictures of others on social networks?

In Clause 1, Article 32 of the 2015 Civil Code , individuals' rights to images are as follows:

- Individuals have rights to their own images.

- The use of an individual's image must be consented to by that person.

- The use of images of other people for commercial purposes must pay remuneration to the person having the image, unless otherwise agreed by the parties.

Besides, according to Article 38 of the Civil Code , private life, personal secrets and family secrets are inviolable and protected by law. The collection, storage, use and disclosure of information related to private life and personal secrets must be consented to by that person.

Thus, arbitrarily posting photos of other people on social networks without that person's consent, or uploading images and information related to private life or personal secrets without the consent of the other person. that is a violation of the law, which can be administratively sanctioned or examined for penal liability.

2. What is the penalty for illegally posting photos of other people on social networks?

2.1 Administrative Responsibilities

According to Article 101 of Decree 15/2020/ND-CP stipulating:

- A fine ranging from VND 10-20 million shall be imposed for taking advantage of social networks to provide or share fake or untrue information, distort, slander, or offend the reputation of agencies or organizations. position, honor and dignity of the individual.

- A fine ranging from VND 20 to 30 million shall be imposed for disclosing information belonging to the private life of an individual but not reaching the point of criminal prosecution.

At the same time, the person who commits the violation must apply the remedial measure of forcing the removal of false or misleading information or information that violates the law due to the violation.

In addition, the act of collecting, processing and using information of other organizations and individuals without consent is also subject to a fine of between VND 10-20 million (according to point e, clause 3, Article 102 of Decree 15/2020). /ND-CP ).

2.2 Civil liability

The act of posting photos of others on social networks may require compensation for damage caused by infringing upon the honor, dignity and reputation of others according to Article 592 of the 2015 Civil Code , including:

- Reasonable costs to limit and remedy damage;

- Lost or reduced actual income;

- Other damage prescribed by law.

The person responsible for compensation in case the honor, dignity and reputation of another person is infringed must pay compensation for the damage mentioned above and another sum of money to make up for the mental loss suffered by that person.

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.

2.3 Criminal liability

In case the act of arbitrarily posting other people's photos on social networks in order to seriously offend the dignity and honor of others, they shall be examined for penal liability, subject to a fine of between VND 10 million and VND 30 million or subject to re-education. non-custodial for up to 3 years (according to Clause 1, Article 155 of the Penal Code 2015 (amended and supplemented in 2017 )).

3. Circumstances in which permission to use other people's photos is not required

 Pursuant to Clause 2, Article 32 of the Civil Code , the use of images in the following cases does not require the consent of the person having the image or their legal representative:

- The image is used for the national interest, the nation, the public interest;

- Images are used from public activities, including conferences, seminars, sports competitions, performing arts and other public activities without damaging honor, dignity, reputation of the person with the image.

Jewel

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