According to information on the Ministry of Public Security's electronic portal, people reported that their friend borrowed money but paid it back late compared to the agreed deadline, the creditor saw this and posted the debtor's personal image on social media to fake the wanted notice. So, for this behavior, according to the law, how will the creditor be handled?
Regarding this issue, the Ministry of Public Security said that Article 32 of the 2015 Civil Code stipulates: “Individuals have the right to their own image and the use of an individual's image must be agreed upon by that person... If the use of an image violates the provisions of this Article, the person with the image has the right to request the court to issue a decision forcing the violator, relevant agencies, organizations and individuals to withdraw, destroy, terminate the use of the image, compensate for damages and apply other handling measures according to the provisions of law”.
Although the law recognizes and protects the image rights of individuals as above, in Clause 2, Article 32 of the 2015 Civil Code, there are 2 cases where the personal image of another person can be used without the consent of that person or their legal representative, including: Using images for national, ethnic, and public interests; Using images from public activities: Conferences, seminars, sports competitions, art performances, etc. without harming the honor, dignity, and reputation of the person whose image is used.
The creditor forged a wanted notice and posted the borrower’s personal photo on social media with the aim of defaming and negatively affecting the borrower’s reputation and personal honor, thereby creating pressure for the borrower to repay the debt. This act violated the honor and dignity of citizens.
Depending on the nature, extent and consequences of this act, the violator may be subject to administrative sanctions or criminal prosecution.
Specifically, if this act causes non-serious consequences, the violator will be administratively sanctioned according to Point g, Clause 3, Article 102 of Decree 15/2020/ND-CP dated February 3, 2020, stipulating administrative sanctions in the fields of post, telecommunications, information technology and radio frequencies: “... A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts: Providing, exchanging, transmitting or storing, using digital information to threaten, harass, distort, slander, or insult the reputation of an organization, the honor, dignity, or reputation of another person”.
In case this act causes serious consequences, the violator may be prosecuted under Article 155 or Article 156 of the 2015 Penal Code.
Article 155 of the 2015 Penal Code stipulates that anyone who seriously insults the dignity or honor of another person shall be subject to a warning, a fine of VND 10,000,000 to VND 30,000,000, or non-custodial reform for up to 03 years.
Committing a crime in one of the following cases shall be punishable by imprisonment from 3 months to 2 years: Committing the crime 2 times or more; Against 2 or more people; Taking advantage of position and power; Against a person performing official duties; Against a person who teaches, raises, cares for, or treats you; Using a computer network or telecommunications network, electronic means to commit a crime; Causing mental and behavioral disorders of the victim with a body injury rate of 31% to 60%.
Committing a crime in one of the following cases shall be punishable by imprisonment from 2 to 5 years: Causing mental and behavioral disorders of the victim with a bodily injury rate of 61% or more; Causing the victim to commit suicide.
In addition, the offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 5 years.
Regarding the crime of Slander, Article 156 of the 2015 Penal Code stipulates that anyone who commits one of the following acts shall be subject to a fine of VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 2 years or imprisonment from 3 months to 1 year: Fabricating or spreading things known to be untrue in order to seriously insult the dignity, honor or cause damage to the rights and legitimate interests of others; Fabricating that others have committed crimes and denouncing them to competent authorities.
Committing a crime in one of the following cases shall be punishable by imprisonment from 1 year to 3 years: Organized; Abusing one's position and power; Against 2 or more people; Against one's grandparents, parents, teachers, caregivers, caregivers, educators, or medical practitioners; Against a person performing official duties; Using computer networks or telecommunications networks or electronic means to commit crimes; Causing mental and behavioral disorders in the victim with a bodily injury rate of 31% to 60%; Slandering another person for committing a very serious or especially serious crime.
Committing a crime in one of the following cases shall be punishable by imprisonment from 3 to 7 years: For despicable motives; Causing mental and behavioral disorders of the victim with a bodily injury rate of 61% or more; Causing the victim to commit suicide.
Offenders may also be fined from VND 10,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 1 to 5 years.
Thus, in this case, the victim can file a report to the authorities to protect their legitimate rights and interests.
TM
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