How to film, take photos, and livestream without getting charged?

In the case of a citizen in Quang Tri who was fined VND 7.5 million for live streaming at the Provincial Citizen Reception Board headquarters, the lawyer studied and highlighted how people could record and take images without getting charged.

According to Thanh Nien, on June 24, the leader of the Dong Ha City Police Department (Quang Tri) stated that he had decided to fine Mr. H.K.L (34 years old, residing in Cam Hieu commune, Cam Lo District, Quang Tri) with a fine amount of 7.5 million VND for an administrative violation and asked Mr. L. to remove the article with infringing content.

According to Dong Ha City Police, on May 25, Mr. H.K.L traveled to the headquarters of Quang Tri province's Citizen Reception Committee and was informed that the Provincial People's Committee had issued a written rejection to communicate with Mr. H.K.L.

Mr. L., on the other hand, did not agree with the announcement made by the Provincial Citizen Reception Committee personnel and fought loudly and caused a disturbance at this headquarters. Mr. L. was using his phone at the time to broadcast (live stream) the event on his own Facebook page.

The police force of Dong Ha City ruled that Mr. L. had "collected, processed, and used information of other individuals without consent," as stated in Point e, Clause 3, Article 102 of the Government's Decree 15. 2020/ND-CP dated February 3, 2020.

Concerning the case, Thanh Nien contacted Lawyer Le Cao (FDVN Law Firm; Da Nang Bar Association) to clarify what regulations people can live stream at public offices or elsewhere without being tied to the violation of "collection, processing, and use of other personal information without consent"; and in which case is the permission required?

1. The statute supports citizen oversight of public-sector operations

Lawyer Le Cao analyzed that:

According to Article 8 of the Constitution in 2013, "All state agencies, cadres, civil servants and public employees shall show respect for the People, conscientiously serve the People, maintain close contact with the People, listen to their opinions and submit to their supervision; resolutely combat corruption, waste, and all manifestations of bureaucracy, arrogance, and authoritarianism."

Besides, according to Clause 2, Article 14 of Decree No. 04/2015/NĐ-CP, “The cadres, public servants and officers must not commit the bureaucracy, arrogance, authoritarianism, corruption, annoyance, and harassment in addressing affairs of citizens and organizations.”

Therefore, the law encourages people's supervision of public service activities.

Furthermore, citizens have the right to livestream public official acts of state officials without the authorization of the person with the picture or the representation, according to Clause 2, Article 32 of the 2015 Civil Code. under their law, represent if: the image is used for national and public benefits, for public activities; images used from public activities, including conferences, seminars, sports competitions, performing arts, and other public activities, without prejudice to the honor, dignity, or prestige credit of the person with the image.

"As a result, people have the right to film and record videos for personal reasons without breaking the law, or to livestream for national, ethnic, and public interests, such as filming and recording videos of indiscriminate bribery, acts of corruption or harassment by officials and employees in violation of the law, and live video recording of other illegal acts. Those images contribute to the fight against corruption, negativity, and the condemnation of illegal acts; the livestream is protected by law, so people are allowed to do so," lawyer Le Cao emphasized.

2. Cases where people are not allowed to livestream at public agencies

However, according to lawyer Le Cao, not all instances may be done in the activities of collecting, processing, and utilizing information connected to public agencies, such as livestreaming at public agencies, because it is bound by the rules of the law in different domains.

As a result, there are the following categories of instances in which persons are not permitted to livestream at governmental offices due to the possibility of being punished.

Firstly, it is severely prohibited to broadcast infringing on people' rights to pictures (article 32 of the 2015 Civil Code); right to privacy, personal secrets, and family secrets (article 38 of the 2015 Civil Code).

Secondly, livestreaming is completely prohibited, as it breaches the terms of the Law on Protection of State Secrets 2018 and infringes on the management of public affairs and the safety of security concerns. Defense and security.

Article 5 of the Law on State Secrets Protection 2018 specifically prohibited the use of a device capable of receiving and/or transmitting signals, recording or filming during a conference, seminar, or meeting containing state secrets in any shape or form without permission from a competent person; and uploading and distributing state secrets on mass media, the Internet, computer network, or telecommunications network.

Alternatively, pursuant to Clause 9 and Article 32 of Circular 13/2019/TT-BGTVT (as revised by Circular 41/2020/TT-BGTVT), audio and video recording in restricted areas or at security checkpoints in aviation or at work.

Furthermore, there are signs forbidding snapping photos or taking pictures at the offices of agencies and organizations, and individuals must follow such restrictions in places such as border security and military barracks. military camps, prison facilities, art museums, unpublished works…

According to lawyer Le Cao, there are also occasions where persons can be recorded to monitor official operations but must assure regulatory compliance.

Because, according to Clause 5, Article 11 of Circular No. 67/2019/TT-BCA, people can participate in monitoring activities to ensure the order and safety of traffic police soldiers while on duty through recording, video recording, or direct observation, the following conditions must be met: not to interfere with the normal activities of officers and soldiers while on duty; outside the area ensuring traffic order and safety (for places where traffic safety is an issue).

Third, it is prohibited to broadcast infringing on corporate secrets, intellectual property rights, or the legitimate rights and interests of other persons and organizations.

"The law protects business secrets and intellectual property rights related to published works; if the livestream is broadcast online, those rights will be infringed, so it is also illegal. For example, livestreaming a movie that is currently being shown in theaters is not permitted," said lawyer Le Cao.

According to lawyer Le Cao, livestreaming at public agencies is not always forbidden, but individuals must be cautious and learn what circumstances are allowed, what cases are not, and what rules must be observed when livestreaming. The limitations authorized by law to avoid administrative punishments or compensation for damages proportionate with the conduct and gravity of breaches caused.

Even a livestream that seriously infringes on the honor and reputation of others can be prosecuted under Article 155 of the 2015 Penal Code (amended and supplemented in 2017); or acts infringing on state secrets can be prosecuted under Article 337 of the Penal Code 2015 (amended and supplemented in 2017).

Article link: HERE

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