Penalties for people who film and steal other people’s posts online in Vietnam
Recently, when surfing on social networking sites such as Facebook, Youtube, Tiktok, etc., it is not difficult to see videos of some subjects who are technology motorbike taxi drivers who steal images of customers; especially women without their permission. The video was posted full of vulgar, somewhat offensive comments. So, is it fine to shoot someone else and post it on Youtube, will Tiktok be penalized? LSX Lawfirm will give you an article about: “Penalties for people who film and steal other people’s posts online in Vietnam”, as follows:
Legal grounds
Penal Code 2015 amended and supplemented in 2017
Civil Code 2015
Decree 15/2020/ND-CP
Filming others to post on Youtube, will Tiktok be penalized?
The act of secretly filming and taking photos of others is an infringement of image rights. Because, according to Article 32 of the 2015 Civil Code:
Each individual has rights to his or her own image. The use of an individual’s image consented to by that person.
If you use someone else’s image for commercial purposes, you must pay remuneration to the person having the image, unless otherwise agreed by the parties.
The use of images of other people without the consent of the person having the image or their legal representative only done in 02 cases:
– The image used for the national, ethnic or public interest;
– Images used from public activities without damaging the honor, dignity and reputation of the person having the image.
Thus, the act of arbitrarily filming or taking photos of others without consent is against the law. The person filmed or photographed has the right to request the violator, relevant agencies, organizations and individuals to recover, destroy, terminate the use of the images, pay compensation for damage and apply other measures. other handling as prescribed by law.
Filming others to post on Youtube, Tiktok penalized?
Penalized for administrative violations
According to Clause 3, Article 102 of Decree 15/2020/ND-CP; The processing and use of information of other organizations and individuals on the Internet without consent may result in an administrative fine of between VND 10 million and VND 20 million.
This the fine level applied to organizations and individuals with the same violations; then the fine is equal to ½ of the fine for the organization.
Accordingly, if you arbitrarily secretly record or take pictures of others and then post them on social networks such as Facebook, Youtube, Tiktok, etc., violators fined from 5 to 10 million VND.
Prosecuted for criminal liability
In the case of taking advantage of sneaky photos to post on the internet for offensive purposes; slander or expropriate other people’s property… the person who commits the violation may even prosecuted for one of the following crimes:
– The crime of humiliating others is specified in Article 155 of the 2015 Penal Code. With a fine of warning, a fine of 10-30 million dong; or non-custodial reform for up to 3 years. In aggravating cases, imprisonment for up to 7 years is possible.
– The crime of slander prescribed in Article 156. With a fine of between 10 and 50 million dong, non-custodial reform for up to 2 years; or imprisonment from 3 months to 1 year. In aggravating cases, imprisonment for up to 7 years is possible.
– The crime of property appropriation specified in Article 170 carries the heaviest penalty of up to 20 years in prison.
And so on
In general, the use of other people’s images without permission usually only administratively sanctioned. Criminal prosecution only occurs when the violation committed to slander; seriously offend the honor and dignity of the person filmed or photographed; or pictures taken by shooting or stealing used to threaten and seize property.
How to handle so that the thief, sneaky camera is handled by the law?
Although the law has provisions to handle the illegal use of other people’s images, the violators not always fined.
In fact, it is difficult for the authorities to control or identify whether a person infringed on image rights. Therefore, in order to protect their own image, if they discover that their images secretly filmed and posted on social networks by others, the victim must denounce and report this information to the authorities. capacity processed.
In particular, with two crimes of humiliation and slander, the competent agency will only prosecute the case at the request of the victim.
Care taken, especially women, when in public places.
You can refer to the article related to Instructions for registering a representative office online or Procedures for changing business lines online according to Vietnamese law
Related questions
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 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.
Pursuant to Article 32 of the 2015 Civil Code, individuals have the right to their image.
– 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.
Accordingly, every individual has the right to his or her image, has the right to decide according to the subject’s will. That decision is the right of each individual and must comply with the provisions of the law, if any.
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