I am a photo model and often post photos on social networks, so I also get a lot of attention. Recently, I discovered that Cosmetic Company A took my image to advertise their products but did not get my consent. So, can I sue company A or not? How will company A's behavior be penalized in accordance with Vietnam’s regulations?
Article table of contents
LAWNET would like to answer your question as follows:
1. It is illegal to take pictures without the permission of others
According to Article 32 of the Civil Code 2015 of Vietnam, rights of an individual with respect to his/her image are prescribed as follows:
- 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.
- The use of image for any of the following purposes needs not the consent of the image’s owner or his/her legal representative:
+ For national and public benefits;
+ 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.
- 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.
Besides, according to Clause 8 Article 8 of the Law on Advertising 2012 of Vietnam, using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law is a prohibited act in advertising.
Thus, according to the above provisions, the act of cosmetic company A taking pictures without your permission to advertise for commercial purposes is a violation against Vietnam’s regulations. You have the right to ask the court to make a decision to force Company A to withdraw, terminate the use of the image, pay damages and apply handling measures in accordance with the law.
2. Regulation on penalties
According to Point b Clause 3 Article 51 of Decree No. 158/2013/NĐ-CP of Vietnam’s Government and Clause 1 Article 197 of the Criminal Code 2015 of Vietnam, penalties for acts of infringing upon the personal images of others are prescribed as follows:
A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for using pictures or words of a person in an advertisement without his consent, except for the cases in which this is allowed by law.
Any person who falsely advertises his/her goods or services despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offense shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence.
Moreover, the offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.
Ty Na
- Key word:
- Decree No. 158/2013/NĐ-CP
- Civil Code 2015
