Nguyen Thi Tra My, LL.M.
Faculty of Civil Law and Procuracy Hanoi Procuracy University
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In the context where social media such as Facebook, Zalo and YouTube have become common communication spaces, their abuse for posting or sharing information that infringes upon the honor, dignity, prestige or private life of others has developed in an increasingly complex manner. Numerous cases have arisen in which individuals were smeared or insulted with vulgar language; their personal images and information were shared illegally; and their private lives were distorted for the purposes of putting pressure or causing harm. These acts directly violate individuals’ personal rights, which are respected and protected by law.
From the civil law perspective, persons who commit acts of infringing upon the personal rights of others in cyberspace may face various liabilities, from apology, public correction and compensation for damage to the application of preventive measures or handling by competent bodies. This article analyzes the relevant legal remedies and highlights civil measures applicable to the protection of individuals’ personal rights against cyber infringements.
Types of infringements upon personal rights
Infringements upon image rights
Article 32 of the 2015 Civil Code provides that “an individual has rights to his/her own images. The use of images of an individual must have his/her consent or the consent of his/her relatives if he/she has died or lost civil acts capacity. The use of images of other persons for commercial purposes is subject to remuneration payable to persons possessing such images, unless otherwise agreed upon by the parties concerned.”
Image rights are personal rights recognized and protected by law. Individuals may use or allow others to use their images. On social media, images are generally used for commercial or non-commercial purposes. However, when a person unilaterally uses another’s images and post them on social media without the latter’s consent, he/she has infringed upon that person’s personal rights.
Infringements upon honor, dignity and prestige
Under Article 34 of the 2015 Civil Code, individuals’ honor, dignity and prestige are inalienable and protected by law. They are personal non-material elements associated with each individual, showing his/her qualities, ethics and values. Acts such as slandering or spreading untrue information about others on social media constitute infringements of these personal rights.
Infringements upon private life, personal secrets and family secrets - personal rights respected and protected under Article 38 of the 2015 Civil Code
Article 38 of the 2015 Civil Code protects the private life, personal secrets and family secrets of individuals. The collection, storage, use and publication of information relating to these matters are subject to the consent by the individuals concerned or their family members, unless otherwise provided by law. Illegally accessing, disclosing, using or spreading such information, particularly by posting it on social media, constitutes a cyber infringements of personal rights.
Civil liabilities for cyber infringements upon personal rights
From the civil law perspective, civil liability arises when the person committing an act of infringing upon personal rights fails to fulfill obligations resulting from his/her illegal acts, such as terminating the infringement, offering an apology, making a public correction or paying compensation for damage. In this case, he/she may be subject to measures imposed by competent state bodies at the request of the victim. Civil law prescribes that offenders may be compelled to remove violating information, apologize, make public correction or compensate for damage, depending on the victim’s request and the court’s ruling.
Liability to remove violating information and images
Article 32.3 of the 2015 Civil Code states: “For the use of violating images as prescribed in this Article, the persons possessing the images may request the courts to issue rulings compelling the offenders, relevant agencies, organizations or individuals to remove, destroy or terminate the use of such images.”
Under Article 34.5 of the Code, individuals whose honor, dignity and/or prestige is adversely affected by information posted online may, in addition to exercising their right to deny such information, request the information creators to apologize, make public correction or compensate for any damage.
Liability to apologize and make public correction
The 2015 Civil Code provides several forms of apology and public correction for persons who infringe upon others’ personal rights:
- Making apology and public correction at the place of residence or workplace of the offending individual, or at the head office of a legal person, as required by a court ruling.
- Publishing the apology and public correction in newspapers according to court rulings.
- Making public apology on social media like Facebook or Zalo, thereby ensuring the prompt protection of the victim’s personal rights.
Liability to compensate for damage
Offenders may be required to pay compensation for damage at the request of the victims. Since the relationship between the victim and the offender is non-contractual, the damage must be also handled through non-contractual civil compensation.
Article 584.1 of the 2015 Civil Code states that individuals who infringe upon the lives, health, honor, dignity, prestige, property or other legitimate rights and interests of others and cause damage “shall compensate therefor, unless otherwise provided by this Code or other relevant laws.”
Damage may be material or spiritual, arising as the inevitable consequence of the infringements. Article 592.1 of the 2015 Civil Code states that compensation for damage to honor, dignity or prestige includes reasonable expenses to mitigate and remedy the damage; actual income lost or reduced; and other damage as defined by law. The levels, forms and methods of compensation may be agreed upon by the parties concerned under Clause 586.2 of the 2015 Civil Code.
If no agreement is reached, the compensation level shall be based on such factors as the actual damage incurred, supported by documents and invoices.
In addition to compensation for material damage, infringers must also compensate for spiritual damage. Article 592.2 of the 2015 Civil Code provides: “Those who are liable to pay compensations when the honor, dignity and/or prestige of other persons is/are infringed upon shall pay compensation as prescribed in Clause 1 of this Article and an additional sum to make up for spiritual damage suffered by such persons. The level of compensation for spiritual damage shall be agreed upon by parties concerned; if such agreement cannot be reached, the maximum compensation level for a victim must not exceed ten times the monthly base wage set by the State.-
* The Vietnamese version of this article was published in Procuracy Magazine, issue No. 23/2024.
