Currently, the term body shaming is used a lot by young people and is mentioned a lot on social networks. Especially used when criticizing, commenting, and discriminating against another person’s body harshly. So to understand what is body shaming? Is body shaming another person illegal? Is body shaming of others penalized? To answer this question, today, LSX Lawfirm will give you an article about “Is body shaming another person sanctioned according to Vietnamese law?”, as follows:
Legal grounds
- Decree 144/2021/ND-CP
- Civil Code 2015
- Penal Code 2015 was amended and supplemented in 2017
What is Body Shaming?
Currently, there is no specific definition of what body shaming is. However, it can be understood that Body shaming is an act of a person “disparaging” the appearance and body of others through actions such as Using language, and gestures … to disparage, evaluate, and judge. judge, ridicule… maliciously about the appearance of others.
The victims of Body shaming often feel ashamed, and self-deprecating, even a lot can be hurt, miserable, feel offended, spread negative thoughts, negative obsessions… Many people are constantly suffering from ugly body shaming words that cause a mental breakdown, depression, and even suicide.
Is body shaming others illegal?
Disparagement of appearance is an age-old problem from time immemorial. In the past, when society was still strict, the ideology of respect for men and women resonated; Women tend to suffer from body shaming more than men. Today, however, society is more “open” to women thanks to human rights movements; But the emergence of toxic feminism leads to more body shaming consequences including men. Therefore, today, this problem has become a pain in the whole society, regardless of ethnicity or gender.
Vietnamese law does not have a detailed law on body shaming; However, the consequences of body shaming profoundly affect the psyche of the injured person, and at the same time, this behavior also shows signs of insulting the honor and even humiliating others. Therefore, body-shaming is still a violation of the law and can handled according to sanctions depending on the level of behavior.
Is body shaming of others penalized?
Administrative fines
Pursuant to the provisions of Point a, Clause 3, Article 7 of Decree 144/2021/ND-CP, if there is an act of provocation, teasing, insulting, insulting, or defaming the honor and dignity of another person, maybe fined from 02 to 03 million dongs, except for the following cases:
- Insulting the honor and dignity of official duty performers shall be subject to a fine of between VND 4 and 6 million (Point b, Clause 2, Article 21).
- Insulting the honor and dignity of a family member shall fined from VND 5-20 million (Article 54).
In addition, according to the provisions of Point a, Clause 3, Article 99 of Decree 15/2020/ND-CP, if you give false information, distort, slander, and insult the reputation, honor, and dignity of the individual on the environment. such as on social networks (Facebook, Zalo…), violators may fined from 20 to 30 million VND.
At present, there is no specific document regulating the level of insult to dignity and honor to administratively handled.
However, it can understood that insulting dignity and honor is a form of Body shaming at a very serious level, no longer merely the usual teasing and joking words.
Must be held criminally responsible
To a lesser extent, disparaging other people’s appearance may only administratively sanctioned. However, if they seriously offend the honor and dignity of others, they may held responsible for the crime of humiliating others or the crime of slander. Specifically:
Pursuant to Article 155 of the 2015 Penal Code as amended and supplemented by Point a, Clause 2, Article 2 of the Law on Amendments to the Penal Code 2017 on the crime of humiliating others as follows:
Penalties range from a warning, a fine of from 10 to 30 million dongs, and the heaviest up to 5 years in prison if causing mental and behavioral disorders of the victim with an injury rate of 61% or higher or causing the victim to commit suicide. .
Pursuant to Article 156 of the 2015 Penal Code, which amended and supplemented with Point e, Clause 2, Article 2 of the Law on Amending the 2017 Penal Code on slander:
The lightest penalty is fabricating, spreading false information in order to seriously offend the dignity and honor of others, shall sentenced to non-custodial reform for up to 2 years and the heaviest up to 07 years in prison if causing mental disorder and acts of the victim with a body injury rate of 61% or higher, causing the victim to commit suicide or for despicable motives.
Must pay damages
In addition to being responsible before the law, the person who acts “body shaming” other people may also have to compensate the victim for damage if this causes damage to that person.
According to Article 592 of the Civil Code, damage caused by infringing upon honor, dignity, and reputation is as follows:
– Reasonable costs to limit and remedy damage;
– Collect lost or reduced reality;
- Other damages prescribed by law.
Regarding compensation
According to Clause 2, Article 592 of the Civil Code, the parties can agree on the level of compensation. If no agreement can reached, the maximum compensation will not exceed 10 times the base salary (currently 1.49 million VND/month applied). Accordingly, the maximum compensation will be 14.9 million VND.
Body shaming is happening in Vietnam
Reason
In the past, the “denigration” of appearance, and voice … often caused by friends, colleagues, and relatives … teasing each other and the degree of influence on the person being criticized was not too serious. However, nowadays, when social networks are growing, body shaming is happening more and more, especially among young people.
Determining what the cause of body shaming is is very difficult and currently, there is not much research on this issue. However, it can seen most clearly, many people Body shame others or themselves based on their own views of beauty, and their own standards of beauty.
Situation in Vietnam
Body shaming is quite common in Vietnam recently, on social networks, the situation of Body shaming is very much and complicated: Maybe it’s just a funny comment, it can also be a collective sentence. disparaging another person’s appearance in a post on a social network like Facebook or Zalo or Instagram…
And when to a certain extent, Body shaming can become a phenomenon of cyber violence. That means, victims of Body shaming also have to suffer a lot of criticism, judgment, and disparaging looks… from others.
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Related questions
The behavior of body-shaming others can take the following forms:
– Direct: the person who speaks directly in the presence of the listener, directly criticizing.
– Indirect: the speaker can comment on pictures on social networks or write a letter to the person who needs to speak.
– Mild level: Victims may only feel uncomfortable when they hear criticisms about their appearance.
– More severe: Victims will receive many negative emotions, extreme discomfort, and anger with criticisms about their appearance.
Extremely severe degree: Victims will feel extremely low self-esteem, sensitivity, and inferiority complex about appearance and will gradually withdraw, not wanting to interact with others. Even the most severe is depression and may commit suicide or commit acts of self-injury just because they want to overcome their own shortcomings.
Everyone’s body is different, some are beautiful, some are ugly, some are tall, some are thin… However, with each different point of view about beauty, the human body will also considered beautiful. different bad. Therefore, nowadays, we often encounter Body shaming right in our daily life, especially on social networks.
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