Electric motorbike company DB caused a heated controversy when it released a video advertising its new product line with the participation of two circus artists Quoc Co - Quoc Nghiep.
In this video, the two main characters, Quoc Co and Quoc Nghiep, ride an electric motorbike without helmets and perform a head-stacking circus act while driving.
According to lawyer Cuong, Quoc Co - Quoc Nghiep violated the provisions of the Road Traffic Law.
Responding to VTC News, Dr. and lawyer Dang Van Cuong, Head of Chinh Phap Law Office (Hanoi Bar Association) said that the two artists Quoc Co and Quoc Nghiep are famous in the circus field and have performed abroad and are known by many people.
However, not everywhere can perform circus, performing circus on the road without permission from the authorities is a violation of the law.
According to lawyer Cuong, the authorities will clarify this clip, especially clarify whether the unit that produced the clip to carry out advertising activities is in accordance with legal regulations on advertising or not to consider handling both these artists and the unit that carried out advertising activities that are not in accordance with legal regulations (if any).
According to the law, electric motorbike users in many cases must wear helmets to ensure safety when participating in traffic.
In addition, the road traffic law also stipulates rules to ensure safety when participating in traffic, strictly prohibiting acts that cause traffic insecurity when participating in traffic by all types of vehicles participating in road traffic, including motorbikes and electric motorbikes.
The image of two circus artists Quoc Co and Quoc Nghiep performing circus acts without helmets in an advertising clip caused a stir in public opinion.
Lawyer Cuong added that people riding motorbikes and scooters must not engage in behavior that disrupts traffic safety and endangers themselves and other road users.
The act of performing circus acts on electric motorbikes by stacking heads on top of each other while participating in traffic is very dangerous. If an accident happens, the consequences will be very serious. This act can have negative psychological impacts on traffic participants, especially young people using electric motorbikes.
“The two artists Quoc Co and Quoc Nghiep violated the provisions of the Road Traffic Law on rules to ensure traffic safety and order for motorbikes and mopeds. Therefore, this behavior will be considered for administrative sanctions according to the provisions of the law if the behavior is not yet determined to be dangerous to society.
Authorities will also continue to clarify and evaluate the negative impacts of these offensive images on society.
In case the authorities determine that it has a negative impact on security, order and social safety, these two artists may also be criminally prosecuted according to the provisions of Article 318 on the crime of disturbing public order, similar to the case of Ngoc Trinh and the case of the couple "performing circus" on the SH motorbike on Hai Van Pass recently, not simply applying administrative sanctions," said lawyer Cuong.
Regarding the unit carrying out advertising activities, according to lawyer Cuong, the authorities will clarify whether this enterprise carries out advertising activities in accordance with the provisions of the advertising law or not, whether the advertising has been licensed and authorized by the competent authority to organize such advertising activities or not to handle it in accordance with the provisions of the law on advertising.
“In cases where the behavior is determined to be dangerous to society, both the artist and the business carrying out the advertising activity can be considered for handling with strict sanctions.
Regarding this issue, the authorities will continue to clarify the behavior, clarify the procedures for carrying out advertising activities, assess the impact of the behavior on society to consider handling it with legal sanctions, in accordance with current legal regulations," added lawyer Cuong.
According to lawyer Truong Van Tuan (Ho Chi Minh City Bar Association), the electric motorbike company posted a clip with the main content of advertising electric motorbikes that are not among the groups of subjects prohibited from advertising according to Article 8 of the 2012 Advertising Law. However, it caused controversy with the professional artistic performance performed by two actors, Quoc Co and Quoc Nghiep.
Lawyer Truong Van Tuan (Ho Chi Minh City Bar Association)
Lawyer Tuan said that the form of performing arts in the advertisement is regulated in Clause 4, Article 8 of Decree No. 144/2020/ND-CP regulating performing arts activities, specifically: Organizing performing arts not directly in front of the public posted on the radio, television and online environment is the responsibility of the person posting and broadcasting.
Thus, according to lawyer Tuan, this is still considered a form of performing art recognized by law, however, the poster must take responsibility and still comply with Articles 3, 4, 5 of Decree No. 144/2020/ND-CP. Currently, the 2008 Road Traffic Law does not stipulate the licensing of advertising.
Clause 2, Article 30 of the Road Traffic Law specifically stipulates: Drivers and passengers of two-wheeled motorbikes, three-wheeled motorbikes, and mopeds must wear helmets with properly fastened straps.
“Although the performance has a warning line in the video that it was performed by professional artists, in a controlled area, does not affect traffic and recommends that viewers not try it in any way.
But this is a promotional video made by people who have great influence on young people, so the act of not wearing a helmet when spread on the Internet is somewhat not really suitable for social norms, thereby possibly distorting the thinking of young people in particular and domestic and foreign consumers in general," said lawyer Tuan.
According to the provisions of Point D, Clause 1, Article 3 of Decree 100/2019/ND-CP dated December 30, 2019, regulating administrative sanctions for violations in the field of road and railway traffic, it is stipulated that: "Electric motorbikes are motorbikes driven by electric motors with a maximum capacity of no more than 4 kW, with a maximum design speed of no more than 50 km/h".
Clause 4, Article 6 of Decree 100/2019/ND-CP was amended and supplemented by Decree 123/2021/ND-CP dated December 28, 2021, amending and supplementing a number of articles of the decrees regulating administrative sanctions in the fields of maritime; road and railway traffic; civil aviation, on sanctions against drivers of motorbikes, mopeds (including electric motorbikes), vehicles similar to motorbikes and vehicles similar to motorbikes violating road traffic rules, stipulating a fine of 400,000 - 600,000 VND for drivers who commit one of the following violations:
“n) Not wearing a "motorcycle helmet" or wearing a "motorcycle helmet" with the strap not properly fastened when driving on the road;
o) Carrying a person on a vehicle who is not wearing a "helmet for motorcyclists" or wearing a "helmet for motorcyclists" without fastening the strap properly, except in cases of transporting a sick person to the emergency room, a child under 6 years old, or escorting a person who has violated the law".
Luong Y
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