In the current context of information technology development, it seems that everyone is accustomed to spreading and updating information about certain events through social networks without considering the consequences. These acts may violate Civil Code, or Criminal Code. The act of filming a jealousy attack clip and posting it online will be handled depending on different subjects and circumstances.
Let’s learn about this act with PL & Partners Law Firm through the following article.
1. CONSIDERING THE SUBJECT WHO RECORDS THE JEALOUSY ATTACK ON VIDEO AND POSTS IT ONLINE.
Normally, the act of recording a jealousy attack and posting it on the internet will be done by two subjects. One is the individual/group of people who carry out the jealousy attack, the other is the passersby who accidentally see it. To determine whether this behavior violates the law or not, it is necessary to consider each specific case, revolving around key factors such as the purpose of performing the act, the content of the video, etc.
In fact, passersby who accidentally record videos and post them online will hardly be subject to administrative or criminal sanctions because they are often just motivated by curiosity and the desire to share news with everyone but not intended to target any individual. In addition, the images they capture are often in public places and are general, making it difficult to provide personal information about the person in the video.
But if it is the people who participated in the jealousy attack, there is a high risk of violation as there is a clear basis to prove the purpose of insulting others as well as violating the individual’s right to image.
2. THE ACT OF RECORDING THE JEALOUSY ATTACK ON VIDEO VIOLATES “INDIVIDUAL RIGHTS TO IMAGES” IN THE CIVIL CODE.
The act of closely filming the face of people involved in that incident, along with giving information about them in the clip will be subject to civil penalties. Pursuant to Article 32 of the Civil Code 2015, this action violated the regulations on “Individual rights to images”, specifically:
- Individuals have the right to their image. The use of an individual’s image must be approved by that person. Using another person’s image for commercial purposes requires remuneration to the person in the image, unless otherwise agreed by the parties.
- If the use of an image violates the provisions of this Article, the person who owns the image has the right to request the Court to issue a decision forcing the violator, relevant agencies, organizations and individuals to withdraw, destroy and terminate the use of images, compensate for damages and apply other remedies in accordance with the law.
3. THE ACT OF RECORDING THE JEALOUSY ATTACK ON VIDEO MAY VIOLATE THE CRIMINAL CODE.
During the excitement, the party directly participating in the jealousy assault may have committed acts such as: insulting, cursing in a vulgar, obscene, insulting manner, stripping other people’s clothes in the crowd, etc. These are acts defined as the objective aspect of the crime of “Insults to another person” pursuant to Article 155 of the Penal Code 2015, specifically:
“1. Any person who seriously insults the dignity and honor of another person shall receive a warning, be liable to a fine of VND 10,000,000 – VND 30,000,000 or face a penalty of up to 3 years’ community sentence.
Committing crime in one of the following cases shall carry a penalty of 03 months to 02 years’ imprisonment:
- a) Committing the crime twice or more;
- b) Against 02 or more people;
- c) Abusing the offender’s position and power;
- d) Against a law enforcement officer in performance of his/her official duties;
- d) Against those who teach, nurture, care for, and provide medical treatment for the offender;
- e) Using computer networks or telecommunications networks or electronic means to commit crimes;”
In short, regarding the act of recording a clip of jealousy attack and posting it online, depending on each specific case as well as the nature and extent, it can be subject to administrative, civil or criminal sanctions.
Therefore, to protect yourself, you need to reconsider the content of the recorded video, the possible consequences and compare them to the purpose you want to achieve before posting the clip to the internet.
As mentioned above, PL & Partners has informed you of the issue “Is it illegal to record a jealousy attack on video and post it online?”
Should you need to register for or have questions or concerns to understand more about our services, please contact us at:
PL AND PARTNERS LAW FIRM
Office: Lot 1.16 Viva Riverside, 1472 Vo Van Kiet, Ward 3, District 6, Ho Chi Minh City
Hotline: 093.1111.060
Email: info@pl-partners.vn
Facebook: www.facebook.com/PLLaw
Website: www.PL-PARTNERS.vn – www.HOIDAPLUAT.net – www.THUTUCPHAPLY.org
