Khanh Van has the right to sue

In recent days, Miss Khanh Van and the public have been outraged by the incident where her statements were edited out, creating unnecessary misunderstandings. Lawyer Nguyen Van Hau (Deputy Head of the Ho Chi Minh City Bar Association) shared with VTC News his views on this story.

Miss Khanh Van has the right to sue

- A statement made by Miss Khanh Van 3 years ago was cut short by a famous person on social media, turning it into a very offensive meaning. From a legal perspective, how is this behavior evaluated, sir?

The distortion, editing, and shortening of statements by famous people in showbiz to cause controversy and damage their reputation has always been a difficult and painful problem.

Many artists have encountered many troubles and troubles when their statements were distorted, twisted, and edited with sensitive words, causing many people to misunderstand. These actions have seriously violated their honor, dignity, reputation, and image.

Miss Khanh Van.

The act of distorting and cutting statements violates Article 34 of the 2015 Civil Code on the right to protection of honor, dignity and reputation. Not only that, the subject of the above act also violated the regulations on the responsibility of using social networking services; electronic information pages established through social networks as prescribed in Point a, Clause 1, Article 101 of Decree 15/2020/ND-CP dated February 3, 2020, stipulating sanctions for administrative violations in the fields of post, telecommunications, radio frequencies, information technology and electronic transactions.

Violators may be fined from 10 million VND to 20 million VND for providing or sharing fake information, false information, distorted information, slander, or insulting the reputation, honor, and dignity of individuals (the above fine is applied to administrative violations by organizations; in the case of individuals, the fine is half of the prescribed fine).

In addition, depending on the nature of the act and the severity, the perpetrator may be prosecuted for criminal liability for "Crime of humiliating others" in Article 155 of the 2015 Penal Code or "Crime of slander" in Article 156 of the 2015 Penal Code.

- In your opinion, can Miss Khanh Van sue?

The person whose honor, dignity and reputation are violated in this case, specifically Miss Khanh Van, has the right to file a civil lawsuit to request the violator to stop the violation; force a public apology, correction and request compensation for damages (if any), based on Articles 11, 34 and 584 of the 2015 Civil Code.

If Miss Khanh Van finds the nature, extent, and actual consequences of the above-mentioned illegal act to be serious, she can file a criminal complaint with the competent police agency to request criminal prosecution of the above subject.

Lawyer Nguyen Van Hau

Delete status and done?

- Right after Khanh Van spoke up, this person deleted the status posted on Facebook? Does this have any meaning, sir?

In an era where technology is booming in society like today, with the emergence of social networking sites such as Facebook, Tik Tok, Zalo... making it convenient and easy for people to access information has caused the opposite effect, having too many sources with the right to share information has caused a mix of fake information and official information.

Information shared on these platforms often spreads at breakneck speed, making it increasingly difficult to separate fake information from legitimate information.

According to the lawyer, Miss Khanh Van has the right to sue for the censorship of her speech from 3 years ago.

Usually, the initial information that users access will dominate and direct the thinking of the information recipient, leading to information, whether distorted or not, still being imprinted on the recipient's perception and difficult to change.

In the case that this person deleted the Facebook post immediately after Miss Khanh Van spoke up, the consequences are still there. Obviously, the above action has affected the honor, dignity, reputation and image of Miss Khanh Van in the eyes of the public, even though there was information correcting the incident from the owner.

- Nowadays, not only celebrities, but many other people also have their statements on the internet cut and distorted. However, they rarely seek legal intervention. Why do you think that is?

Nowadays, not only celebrities, but also many other people have their statements cut and distorted on the Internet. The reason why these people rarely seek legal intervention may be because they do not foresee the consequences and damages that they may suffer and/or do not know how to protect their legal rights.

It can be said that the acts of distorting, cutting, and shortening other people's statements have seriously affected the honor, dignity, reputation, and image of those people. The above acts are violations of the law. We must condemn and thoroughly eliminate the above problem by knowing how to filter the information we receive; accessing information from official sources; not arbitrarily making unverified statements; updating, researching, and supplementing legal regulations on cyberspace, etc.

Talking to VTC News , Mr. Tan Dat - media representative of Miss Khanh Van said that the author of the article has deleted the article on the page. "Miss Khanh Van speaks up to clarify to avoid unnecessary misunderstandings. The Internet is virtual but the consequences are not virtual" - Mr. Tan Dat shared.

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Source: https://vtc.vn/phat-ngon-ngu-1-dem-co-nha-co-xe-bi-xuyen-tac-khanh-van-co-quyen-khoi-kien-ar796791.html