It's not easy to fine people who post photos of 'supercars with blue license plates'

DNUM_BAZACZCABH 12:08

Emotionally, posting photos of "super cars with blue license plates" is just a joke, not harmful to anyone; legally, there is no legal basis to punish.

Recently, on an auto forum, someone posted a series of close-up photos of toy model cars with blue license plates, along with the caption “Something big is about to happen…”. Some people immediately knew that these were model cars that children (and adults) often play with, taken close-up; but others thought at first glance that these were supercars with blue license plates. Some newspapers even published the news and contacted the police to verify.

"If not criminal, then administrative penalty"

According to Can Tho City Police, the above images are completely fake. The “supercars” are just model cars (toys), placed under the bed or under the cabinet, then photographed with staged effects and posted on Facebook.

However, Can Tho City Police determined that the above actions had caused negative public opinion, affecting administrative management and social order in the locality, so they were looking for the person who posted the photos to clarify.

Responding to Dan Tri electronic newspaper, Major General Tran The Quan, Deputy Director of the Department of Legislation and Judicial Administrative Reform (Ministry of Public Security), said that at first glance, no one would say it was a toy, but only after verification did they know it was a toy. Therefore, General Quan said that we must investigate the purpose of that, if it was forged, we can consider it as slander.

However, the General also noted that a comprehensive investigation must be conducted, and the motive and purpose of the incident must be considered. If it is not yet criminally prosecuted, then administrative action must be taken.

“This is a legal matter, like many other issues, posting false information on social networks can also be considered for liability. Each person must take responsibility for their own actions to provide accurate information,” General Quan said.

Không dễ phạt người đăng ảnh ‘siêu xe biển xanh’ - ảnh 1
Images of toy cars with blue license plates posted online have led some people to mistake them for “super cars” with blue license plates. (Photo captured from Facebook screen)

Insufficient legal basis for punishment

According to lawyer Nguyen The Truyen (Hanoi Bar Association), an individual posting images of a supercar fleet on Facebook is his or her right to freedom of expression and sharing of personal feelings with friends and the community. This action does not infringe upon the rights and legitimate interests of any organization or individual.

“Posting a photo with the information “Something big is about to happen…” on a forum about cars and motorbikes without any other information can hardly be considered “posting false information on social networks”. Because the truth here is just a collection of model cars of a passionate collector, adding favorite license plates only increases the “realistic” details of the model, it is one of the criteria for people who are passionate about all kinds of models” - Lawyer Truyen analyzed.

Lawyer Truyen said that if it is a model, it is not real. The information provided in the photo "Something big is about to happen..." is semantically only conjectural, not referring to any phenomenon or affirming any issue. "Therefore, that behavior does not have enough basis or legal basis to consider handling the person who posted these images, it cannot be considered a violation of "posting false information online" - Lawyer Truyen commented.

Agreeing, Lawyer Nguyen Thi Phuong Thi (Ho Chi Minh City Bar Association) said that posting such photos with the sentence "Something big is about to happen..." does not affect anyone. Although this action has caused many people to misunderstand, those who are observant can easily see that it is just a model car. When the authorities intervened and clearly verified that this was a model, the public's misunderstanding was cleared up. "In my opinion, the matter has been settled here, there is no need to investigate and clarify the motive because this behavior fundamentally does not violate the law. The law does not prohibit it, the behavior is not against the law, so there is no basis for handling it" - Lawyer Thi commented.

What crime is there to punish?

It’s just a toy model, what crime is there to be punished for? The act of attaching a blue license plate to a toy model and posting it on social media does not constitute a crime. This act does not violate the law and does not harm anyone.

The statement “Something big is about to happen…” is a general statement that does not affect any individual or organization. Only when he fakes the license plate and attaches it to a real car and puts it on the road will there be grounds for action. Or if he posts this toy model on social media with distorted comments and badmouthing the authorities, then he will be punished.

The law does not prohibit the attachment of license plates to toy models. Toy cars with blue or red license plates are fine. For example, many establishments that make children's clothes in the style of police or military uniforms cannot be prosecuted for the crime of illegally manufacturing, trading, or selling military uniforms and equipment.

In my opinion, this is the creative freedom of society. Now the kids sit down to make games, think of all kinds of things to add to the game, how to handle it. In modern society, we should limit unnecessary interference.

TSPHAN ANH TUAN, Head of Criminal Law Department
Ho Chi Minh City University of Law

According to PLO

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