Tiếng Việt
Table of Contents
1. What is obscene cultural products?
2. What does the law stipulate about personal rights to images?
3. How will the act of sharing sensitive movies and photos on social networks be handled?
3.1 Administrative sanctions
3.2 Criminal prosecution
1. What is obscene cultural products?
Pursuant to Clause 4, Article 3 of Decree 178/2004/ND-CP of the Government No. 178/2004/ND-CP dated October 15, 2004 detailing the implementation of a number of articles of the Ordinance on Prevention and Combat of Prostitution, herein: “4. “Depravity” defined in Article 16 and Clause 1, Article 26 of the Ordinance means the display in acts, images or sounds of a pleasure-seeking lifestyle which is so mean, evil and decadent that it is morally depraved and contrary to the nation’s good morals and fine customs.”
Thus, it can be understood that depraved cultural products are books, newspapers, films, music, … and all other items containing images and sounds of a depraved nature, contrary to the good customs and traditions of the nation.
2. Laws regulating personal rights to images
According to Article 32 of the 2015 Civil Code, personal rights to images are regulated as follows:
“Article 32 Rights of individual with respect to his or her image
1. An individual has rights with respect to his or her image.
The use of an image of an individual must have the consent of the person.
Where an image of a person is used for commercial purposes, remuneration must be paid to the person having the image, except where agreed by the parties.
2. The use of an image in the following cases does not require consent of the person having the image or of his or her legal representative:
(a) The image is used for the national interest, ethnic group interest, or public interest;
(b) The image used is from a public activity, including conferences, workshops, sports competitions or artistic performance activities, or other public activities, which do not damage the honour, dignity or reputation of the person having the image.”
Simultaneously, according to Clause 1, Article 34 of the 2015 Civil Code, the right to protection of honor, dignity and reputation is stipulated: “The honour, dignity and reputation of an individual is inviolable and is protected by law.”
Therefore, the right of an individual to his or her image is one of the personal rights respected and protected by law, thereby also protecting the value of the human body, which no one has the right to infringe upon.
3. How will the act of sharing sensitive films and photos on social networks be handled?
3.1 Administrative sanctions
According to Point a, b, Clause 1, Article 101 of Decree 15/2020/ND-CP stipulating administrative sanctions in the fields of post, telecommunications, radio frequencies, information technology and electricity transactions:
“1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:
a) Providing/sharing fake or false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals;
b) Providing/sharing information with the aims of encouraging unsound customs, superstitions or pornography, or which is not conformable with the national good traditions and customs;”
Based on the above provisions, the dissemination of obscene cultural products, if not yet subject to criminal prosecution, will be subject to administrative sanctions in the form of a fine from VND 10,000,000 to VND 20,000,000 depending on the nature and severity of the act.
3.2 Criminal prosecution
According to Article 326 of the 2015 Penal Code, amended and supplemented in 2017 herein:
“Article 326. Distribution pornographic materials
1. Any person who makes, duplicates, publishes, transports, deals in, or stores books, magazines, pictures, films, music, or other items that contain pornographic contents for the purpose of distributing them or distributes pornographic materials in any of the following cases shall be a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) The offence involves an amount of digital data from 01 GB to under 05 GB in size;
b) The offence involves 50 – 100 physical books or magazines;
c) The offence involves 100 – 200 physical pictures;
d) Pornographic materials are distributed among 10 – 20 people;
dd) The offender incurred an administrative penalty or has a previous conviction for the same offence which has not been expunged.
2. This offence committed in any of the following cases shall carry a penalty of 03 – 10 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence involves an amount of digital data from 05 GB to under 10 GB in size;
c) The offence involves 51 – 100 physical books or magazines;
d) The offence involves 201 – 500 physical pictures;
d) Pornographic materials are distributed among 21 – 100 people;
e) Pornographic materials are distributed to people under 18;
g) The offence is committed using the Internet, a computer network, telecommunications
network, or electronic device;
h) Dangerous recidivism.
3. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:
a) The offence involves an amount of digital data ≥ 10 GB;
b) The offence involves ≥ 101 physical books or magazines;
c) The offence involves ≥ 501 physical pictures;
d) Pornographic materials are distributed among ≥ 101 people;
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years.”
Depending on the nature and severity of the act, the offender may be imprisoned for up to 15 years, and may also be fined or banned from practicing a certain profession or doing certain jobs.