My wife and I got married 2 years ago, every time we have conflicts, my wife has always posted on social media and has said bad things about me. Because of that, my friends always write down a lot of terrible comments. As far as I know that acts of defamation of other people on social media may be punished. So if the relatives speak ill of each other, shall they be violated? Looking forward to hearing from you.
According to Clause 1 Article 20 of the constitution 2013 prescribed as follow: Everyone has the right to inviolability of his or her body and the protection by law of his or her health, honor, and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any form of treatment harming his or her body and health or offending his or her honor and dignity.
In fact, the dignity and prestige of an individual are inviolable and protected by law. Thus, rights to protection of honor, dignity, and prestige of an individual are prescribed clearly in Article 34 of the Civil Code 2015.
And based on the provision in Clause 1, Clause 2 Article 52 of Decree No.167/2013/NĐ-CP over acts of defamation and dignity of family members, your wife may be punished as follows:
“1. A fine of between VND 500,000 and 1,000,000 shall be imposed for insulting, nagging, or hurting the honor and dignity of family members.
2. A fine of between VND 1,000,000 and 1,500,000 shall be imposed for one of the acts as follows:
b) Using the media to hurt the honor and dignity of family members;
Besides, for acts of defamation on social media, you have the right to ask your wife to apologize publicly so that you may protect your honor and dignity.
In case the level of acts is serious, using some words are humiliate other people, these acts may lead to big consequences, the person who had done those acts which shall bear criminal responsibility under Article 155 of Criminal Code 2015, amended, suppled 2017, and might be sentenced up to 3 year’s imprisonment. 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 the performance of his/her official duties;
e) The offense is committed against a person who cares for, teaches, raises, or provides medical treatment for the offender;
f) The offense is committed using a computer network, telecommunications network, or electronic device;
g) The victim suffers from 31% - 60% mental and behavioral disability 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 ≥ 61% mental and behavioral disability 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”.
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.
Hoang Tran Ngoc Anh – FDVN LAW FIRM
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