Information about some leaders of Ba Ria - Vung Tau province having sensitive images edited and created to threaten, blackmail, or discredit officials and leaders has attracted public attention.
The question is, how will the use of "sensitive" photos for blackmail be handled?
Lawyer Bui Cong Thieu - Phuong Minh Law Office, Ho Chi Minh City Bar Association - said that according to Article 32 of the 2015 Civil Code, individuals have the right to their own image.
The use of an individual's image must have that person's consent, except for the use of the image for national, ethnic, or public interests or the image used from public activities, including conferences, seminars, sports competitions, art performances, and other public activities that do not harm the honor, dignity, or reputation of the person whose image is used.
Therefore, the act of combining “sensitive” photos for blackmail purposes is a violation of the law. Depending on the nature and severity of the violation, the person committing the above acts may be subject to administrative sanctions or criminal prosecution.
Point I, Clause 4, Article 7, Decree No. 144/2021/ND-CP stipulates that those who write, disseminate, or circulate documents and images with distorted, fabricated, or slanderous content that affects the reputation of agencies, organizations, or individuals, except for the cases specified in Clause 1, Article 101, Decree 15/2020/ND-CP, shall be fined from VND 3 million to VND 5 million.
People who commit the above acts shall also be subject to additional penalties and remedial measures: Confiscation of exhibits and means of administrative violation; Forced correction of false or misleading information.
Point a, Clause 1, Clause 3, Article 101 of Decree No. 15/2020/ND-CP stipulates: In case of providing or sharing fake information, false information, distorted information, slander, or insulting the reputation of an agency, organization, or the honor and dignity of an individual on social networks, the offender may be fined from 10 million VND to 20 million VND and the offender may also be forced to remove false or misleading information, or information that violates the law.
Lawyer Thieu added that those who combine "sensitive" images and provide false information to defame the honor and dignity of organizations and individuals can also be prosecuted for the crime of slander under Article 156 of the 2015 Penal Code (amended and supplemented in 2017).
Depending on the level of violation, scale, organization, form of implementation, and consequences for the person being slandered, the penalty ranges from 1 year to a maximum of 7 years in prison. Offenders may also be fined from 10 million VND to 50 million VND, banned from holding positions, practicing a profession or doing certain jobs from 1 year to 5 years.
