Lawyer analyzes the behavior of posting other people's photos on Facebook can be fined 20 million VND

The Law on Cyber ​​Security, which took effect in January 2019, has contributed to improving the effectiveness of protecting the legitimate interests of organizations and individuals participating in activities in cyberspace.

However, the situation of fake information, false information, and loss of control on social networks is still increasing, so on March 3, 2020, the Prime Minister issued Decree 15/2020/ND-CP, effective from today (April 15), with many clearer and more detailed regulations related to the handling of administrative violations in the postal and telecommunications environment.

In particular, the handling of false and fake information on social networks has also become clearer. In particular, the regulations on personal responsibility of social network participants have been clarified in Article 101 on "Violation of regulations on responsibility for using social network services".

Dr., Lawyer Nguyen Trong Hai - Head of Trong Hai and Associates Law Office.

Discussing this issue, Dr. and lawyer Nguyen Trong Hai - Head of Trong Hai and Associates Law Office said: From April 15, 2020, Decree 15/2020/ND-CP will take effect, strictly regulating the use of social networks. Acts of taking advantage of social networks to post false or distorted news... will be fined up to 20 million VND. According to the provisions of Article 101; Clause 3, Article 102 of this Decree, acts of violating regulations on the responsibility of using social network services; violating regulations on storage, rental, transmission, provision, access, collection, processing, exchange and use of information can be fined from 10 million VND to 20 million VND.

In particular, some of the acts that are handled are: Providing and sharing fake information, false information, distorting, slandering, insulting the reputation of agencies, organizations, honor and dignity of individuals; Providing and sharing information that promotes bad customs, superstition, obscenity, depravity, and is not in accordance with the traditions and customs of the nation; Providing and sharing fabricated information, causing confusion among the people, inciting violence, crimes, social evils, gambling or serving gambling; Providing and sharing images of Vietnam's map but not showing or not showing correctly the national sovereignty; Illegally accessing, using, disclosing, interrupting, modifying, destroying information, information systems; Not taking necessary measures to prevent access to information or removing illegal information at the request of competent state agencies when transmitting or renting digital information storage space; Not ensuring the confidentiality of information of organizations and individuals renting digital information storage space, except in cases of provision upon request of competent state agencies; Providing, exchanging, transmitting or storing, using digital information to threaten, harass, distort, slander, or insult the reputation of organizations, honor, dignity, and reputation of others;...

Miss Dang Thu Thao was once upset because her image was used without permission and advertised (Illustration photo).

Notably, this Decree stipulates that the act of “Collecting, processing and using information of other organizations and individuals without consent or for purposes other than those prescribed by law” (Point e, Clause 3, Article 102) will also be fined from 10 million to 20 million VND. Thus, according to the provisions of this point, the act of arbitrarily posting any image of another person on Facebook without permission will also be handled according to regulations.

Thus, in case you discover someone using your image without your consent, you can report it to the authorities for handling according to regulations.

It can be seen that after the 2018 Cyber ​​Security Law comes into effect, this is the next legal document officially taking effect to ensure privacy, personal secrets, family secrets, while ensuring information security in the online environment for users as well as aiming to build a healthy cyberspace.