What is the penalty of filming the sensitive clip?

I have currently caught the sensitive clips of the actresses, singers… in the social network affecting their private lives. Besides, some short clips have been disseminated affecting the reputation of the people in the clip. The education is also affected because anyone can watch these clips. I would like to know what the penalty is applied in this case.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

It is stipulated in Point b, Clause 4, Article 66 of the Decree No. 174/2013/ND-CP on penalties for administrative violations against regulations on post and telecommunication, information technology and radiofrequency that a fine of up to VND 50,000,000 shall be imposed for transmitting the private clips which have the content of obscene or debauchery which do not match with the national habits and social ethics.

 “4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

...

b) Providing, exchanging, transmitting, storing or using information or services related to gambling/ lottery or serving gambling/lottery activities, or obscene, debauchery, superstition or those which do not match with the national habits and customs.”

Besides, it is stipulated in Point g, Clause 3 of this Decree that the person Providing, exchanging, transmitting or storing and using digital information to threaten, disturb, distort, slander or hurt the prestige of other entities, or the honor, prestige and dignity of other individuals must bear the fine ranging from VND 10,000,000 to VND 20,000,000.

In addition to bearing administrative fine, the person uploading other people's private clips also bears criminal responsibility if there are sufficient signs constituting a crime as prescribed in Article 155 of the Criminal Code 2015 amended and supplemented with Criminal Code 2017, specifically:

 “1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.

2. This offense committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

a) The offense has been committed more than once;

b) The offense is committed against 02 or more people;

c) The offense involves abuse of the offender's position or power;

d) The offense is committed against a law enforcement officer in performance of his/her official duties;

dd) The offense is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

e) The offense is committed using a computer network, telecommunications network or electronic device;

g) The victim suffers from 11% - 45% mental and behavioral disability and suffers from 31% to 60% body injury because of the offense.

3. This offense committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability and suffers from 61%  body injury because of the offense;

b) The offense results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.”

In fact, there are so many cases that the clips are disseminated in the social network affecting the private lives of many people. In some serious cases, the victims become depressed and commit suicide. Therefore, each of us should be aware of respecting the personal lives of others to avoiding unfortunate circumstances.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Ngo Thi My Tram

FDVN Law Firm

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