Don't solve "real" conflicts with "virtual networks" Facebook

That is the content that lawyer Tran Minh Hung wants to share about the story of "being disciplined for criticizing the school" on Facebook.

According to press reports, lecturer Dang was disciplined for three violations. The disciplinary review document was signed on November 19.

These are the violations: 1. Taking 14 days off work without the consent of the school board; 2. Taking a leave of absence from State Management without reason from October 5 to 13. 3. Having acts that offend the reputation, honor, and dignity of individuals and organizations via email and attitude and behavior in meetings with school leaders.

However, Mr. Dang confirmed to the press that the school's discipline of him for taking time off work and studying without permission was correct in theory, but not appropriate in terms of circumstances.

In fact, many individuals complain on Facebook whenever they have a conflict or encounter difficulties, and even complain on Facebook when they are unemployed. Using Facebook to solve personal problems has become popular. Many people simply perceive that they just need to cry out for help.

"Gossiping" on Facebook is disciplined

To contribute to readers' perspective on the pros and cons of using Facebook to resolve personal conflicts, PV had a short interview with Lawyer Tran Minh Hung, Head of the Family Law Office (Ho Chi Minh City Bar Association) on this issue.

Dear lawyer, what is your comment on the incident of "a lecturer being disciplined for writing on Facebook"?

Currently, Facebook social network is developing and popular in the world, in Vietnam is no exception because. Facebook has advantages but also certain disadvantages if users do not use it for the right purpose.

Recently, I have witnessed many lawsuits and complaints due to insulting each other on Facebook, and the resolution of these cases is a difficult problem for the authorities. In my opinion, the case of a lecturer at Can Tho University being disciplined, dismissed and transferred to work as an employee of the school's Training Department cannot be concluded as to who is right and who is wrong because there is still a lot of information that the parties have not disclosed.

However, this is a severe form of discipline and has a psychological impact on the disciplined person and causes public outrage because this decision is an administrative order and not a decision of a civil court.

Do lawyers agree with using FB as a personal resolution channel, or as a basis for "dealing with" officers and employees?

I absolutely do not agree with using Facebook as a personal resolution channel, or as a basis for "handling" officers and employees, because the nature of FB is a social network. Any disputes arising on social networks and life related to insulting honor, dignity and reputation must be resolved at a competent Court.

According to lawyers, how should FB users and management agencies act to ensure their rights while still ensuring social order?

In my opinion, Facebook users should use Facebook as an entertainment information page, and should not have behaviors that insult the honor, dignity, and reputation of individuals and organizations on their personal pages. When the management agency sees that Facebook users have violated the law, it is necessary to ask competent state agencies to intervene and resolve the matter. If they see that their honor, dignity, and reputation have been insulted, they need to file a lawsuit with a competent court to resolve the matter according to the provisions of law. Article 25 of the 2005 Civil Code stipulates the Protection of Personal Rights as follows: When an individual's personal rights are violated, that person has the right to:

1. Self-correction;

2. Request the violator or request the competent authority or organization to force the violator to stop the violation, apologize, and make public correction;

3. Request the violator or request the competent authority or organization to force the violator to compensate for damages.

Therefore, an organization unilaterally issuing a disciplinary decision to a lecturer when it believes that the lecturer has "badmouthed" its organization without a decision from a competent state agency to resolve the case, in my opinion, has no legal basis and causes damage to the person being disciplined.

Thank you attorney!

According to Infonet