Did I break the law by posting a video of my neighbor beating his wife on Facebook?

September 20, 2024 | 03:14 pm PT
My home security camera, which faces the common alley to monitor my car, captured footage of my neighbor physically abusing his wife. I shared the video on Facebook—was this a violation of the law?

The video shows the man cursing and slapping his wife. I shared it to raise awareness and call for intervention from the online community and authorities.

However, the husband later discovered the video came from my home's security camera and demanded I delete it, threatening to sue me for using his image without permission.

Was I breaking the law?

A painting on a wall warning visitors about video surveillance. Illustration photo by Unsplash/Tobias Tullius

A painting on a wall warning visitors about video surveillance. Illustration photo by Unsplash/Tobias Tullius

Answer:

Under Vietnam's current regulations, individuals have the right to control the use of their images. Specifically, Clause 1, Article 32 of the 2015 Civil Code stipulates that a person's image can only be used with their consent.

Additionally, Clause 1, Article 21 of the 2006 Law on Information Technology states that the collection, processing, and use of personal information online must be approved by the individual, unless otherwise allowed by law.

There are exceptions where an individual's image may be used without consent, as outlined in Clause 2, Article 32 of the Civil Code:

- For the benefit of national, ethnic, or public interests.

- If the image is captured during public activities, such as conferences, sports events, or performances, and its use does not harm the honor or reputation of the person involved.

Based on these regulations, using a video of your neighbors in a private altercation could be considered a violation of the law.

According to Clause 3, Article 32 of the 2015 Civil Code, if someone's image rights are violated, they have the right to request the court to order the violator to recall, destroy, or stop using the images. The court may also demand compensation for damages and apply other legal measures.

Therefore, your neighbor could sue you in court to protect their legitimate rights.

If your intention is to seek help from the authorities, you should report the incident directly by contacting a local hotline or the relevant authorities in your area. These agencies may ask for evidence, and if you provide the video to them as requested, it will not be considered a violation of personal image rights.

Additionally, the individual committing the violent act in the video could face administrative or criminal penalties for disturbing public order, committing violence, or humiliating others, depending on the severity of the case.

Lawyer Ngo Qui Linh

Director of Mai Dang Khang Law Firm

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