Can I ask others to remove my images on their Facebook posts?

Recently, my friend, My .H has posted on her Facebook page a photo album of tourism commemorative in 2019, in which there are many photos of me. I feel those photos have my bad images and I want her to take them down so that others don't make fun of me. However, My .H thinks that it is her personal account, so she does not remove it. Therefore, I would like to know whether My. H's actions are lawful? I hope that FDVN can advise me and respond to me soon.

FDVN’s opinion:

According to Article 32 of the Civil Code 2015, the rights of an individual with respect to his/her image are provided as follows:

 “1. Each individual has rights with respect to his/her own image.

The use of an image of an individual must have his/her consent.

When an image of an individual is used for commercial purposes, that person is eligible for a remuneration, unless otherwise agreed.

2. The use of image for any of the following purposes needs not the consent of the image’s owner or his/her legal representative:

a) For national and public benefits;

b) For public activities, including conventions, seminars, sports activities, art shows, and other public activities that do not infringe the honor, dignity or prestige of the image’s owner.

3. If the use of an image violates the regulation prescribed in this Article, the image’s owner has the right to request a court to issue a decision that compels the violator or relevant entities to revoke, destroy or terminate the use of the image, compensate for damage and adopt other measures as prescribed in law.”

Thus, the fact that My.H uses your personal photos to post on your Facebook page without your consent is contrary to the law. Accordingly, you have the right to ask the US to remove that image to ensure your personal rights to your image.

Therefore, it is unlawful when My.H uses your photos to post on her Facebook without your consent. Accordingly, you have the right to ask My.H to remove those ones to ensure your rights.

Besides, depending on the nature and extent of the violation, My.H may be subject to a fine of between VND 10,000,000 and VND 20,000,000 for acts “Collecting, processing and using information of other organizations/individuals without their consent or for serving purposes other the prescribed ones” under Paragraph e, Clause 3, Article 32 of Decree No.15/2020/ND-CP prescribing penalties for administrative violations against regulations on postal services, telecommunications, radio frequencies, information technology, and electronic transactions.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Suong - FDVN Law Firm

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