May I ask, what can I do to protect myself when others distribute my sensitive and private images? How are sanctions for a person who spreads these private images in accordance with Vietnam’s law? This is a question from Ms. Tran Hoai *** sent to LAWNET for advice.
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Regarding this issue, LAWNET would like to answer as follows:
According to current regulations, private life, personal secrets and family secrets are inviolable and protected by law. The collection, storage, use and disclosure of information relating to private life and personal secrets must be consented to by that person, unless otherwise provided for by law.
It can be seen that the fact that others distribute sensitive images, information about your private life to others without your permission is infringing on your right to privacy, affecting your personal honor, dignity and reputation.
One of the things to do as soon as someone has released sensitive images on the Internet is to report this incident to the nearest police agency, along with evidence of that person's violation or threats that that person sends to you (if any) so that the police agency can investigate, clarify, and properly handle in accordance with the law, promptly prevent this behavior and the widespread of such images, protect your legitimate rights and interests.
Depending on the severity of the violation as well as the consequences, this person may be administratively sanctioned or have civil liability or worse, may be prosecuted for criminal liability. Specifically as follows:
1. Administrative sanction
According to Point g Clause 3 Article 102 of the Decree No. 15/2020/NĐ-CP of Vietnam’s Government, any person who distributes your images on social networks, electronic information sites without your consent in order to threaten, disturb, distort, slander or damage your prestige, honor and dignity, he/she shall be imposed a fine ranging from VND 10,000,000 to VND 20,000,000.
2. Criminal liability
In case that person's acts are carried out in reality and seriously offend your dignity and honor, that person may be examined for criminal liability for insults to another person in accordance with Article 155 of the current Criminal Code of Vietnam, specifically:
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 11% - 45% 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 ≥ 46% 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.
3. Claim for damages
Articles 32, 34 and 38 of the Civil Code 2015 of Vietnam stipulate regulations on the rights of individuals to image, the right to protect their honor, dignity, reputation and the right to private life, personal secrets, family secrets are inviolable and permitted by law.
The act of using other people's images without consent and permission is considered as violation against rights of an individual with respect to his/her image as prescribed in the Civil Code 2015 of Vietnam. The State strictly prohibits the use of images of others that infringe upon the honor, dignity and reputation of the person having the image. Those who infringe upon the honor, dignity and reputation of others, in addition to stopping their violations, making public apologies and rectifications, they must also pay a sum of money to compensate for the mental loss of the victim according to the provisions of the Civil Code 2015 of Vietnam.
Therefore, you can file a lawsuit with a competent Court to protect your legitimate rights and interests, requesting the person who acts to use and distribute images of personal secrets and private life. You and your family must immediately stop their illegal behavior and remedy the consequences.
Besides, you can also ask this person to compensate for damage to his honor, dignity and reputation, including damages for:
- Reasonable costs for mitigating and remedying the damage;
- Loss of or reduction in actual income;
- Other damage as prescribed by law.
In addition, that person must also compensate you an additional amount of money to compensate for the mental loss that you have suffered. This requirement level shall be agreed upon by the parties but must not exceed 10 months' basic salary as prescribed by the State under Article 592 of the Civil Code 2015 of Vietnam.
Duc Thao
- Key word:
- Decree No. 15/2020/NĐ-CP
