In recent days, Miss Khanh Van and the public have been outraged by the incident where her statements were taken out of context, creating unnecessary misunderstandings. Lawyer Nguyen Van Hau (Deputy Head of the Ho Chi Minh City Bar Association) shared his views on this matter with VTC News .
Miss Khanh Van has the right to sue.
- A statement made by Miss Khanh Van three years ago was taken out of context by a well-known figure on social media and twisted into a very offensive meaning. From a legal perspective, how would this behavior be judged, sir?
The distortion, editing, and shortening of statements by celebrities in the entertainment industry to create controversy and tarnish their reputation has always been a persistent and troublesome issue.
Many artists have encountered numerous problems and inconveniences when their statements are distorted, misrepresented, or manipulated, with sensitive words being taken out of context and misinterpreted. Such actions seriously infringe upon their honor, dignity, reputation, and image.
Miss Khanh Van.
The act of distorting and selectively editing statements violates Article 34 of the 2015 Civil Code concerning the right to protection of honor, dignity, and reputation. Furthermore, the perpetrator also violated regulations regarding the responsible use of social media services and websites established through social media, as stipulated in Point a, Clause 1, Article 101 of Decree 15/2020/ND-CP dated February 3, 2020, which regulates administrative penalties for violations in the fields of postal services, telecommunications, radio frequencies, information technology, and electronic transactions.
Offenders may be fined from 10 million VND to 20 million VND for providing or sharing false information, untrue information, distorted information, slander, or insulting the reputation, honor, and dignity of individuals (the above fine applies to administrative violations by organizations; in the case of individuals, the fine is half of the prescribed amount).
Furthermore, depending on the nature and severity of the act, the perpetrator may be prosecuted for "Humiliating another person" under Article 155 of the 2015 Penal Code or "Slander" under Article 156 of the 2015 Penal Code.
- In your opinion, is it possible for Miss Khanh Van to file a lawsuit?
In this case, Miss Khanh Van, whose honor, dignity, and reputation have been violated, has the right to file a civil lawsuit to demand that the perpetrator cease the infringing act; to force a public apology and correction; and to claim compensation for damages (if any), based on Articles 11, 34, and 584 of the 2015 Civil Code.
If Miss Khanh Van believes that the nature, extent, and actual consequences of the aforementioned illegal act are serious, she can file a criminal complaint with the competent police agency to request criminal prosecution against the perpetrator.
Lawyer Nguyen Van Hau
Is deleting the status the only solution?
- Immediately after Khanh Van spoke out, this person deleted the status update posted on Facebook? Does this action have any significance, sir?
In today's era of explosive technological development, the emergence of social media platforms like Facebook, TikTok, and Zalo has made accessing information convenient and easy for everyone. However, this has also had a negative impact: the proliferation of information-sharing platforms has led to a mixing of misinformation and legitimate information.
Information shared on these platforms often spreads at breakneck speed, making it increasingly difficult to filter out false and legitimate information.
According to her lawyer, Miss Khanh Van has the right to sue over the editing of her statements from three years ago.
Often, the initial information that users access will influence and direct their thinking, so that whether the information is inaccurate or not, it will remain ingrained in their perception and be difficult to change.
Even if this person deleted the Facebook post immediately after Miss Khanh Van spoke out about the incident, the consequences would still remain. Clearly, this action has affected Miss Khanh Van's honor, dignity, reputation, and image in the eyes of the public to some extent, despite the clarification from the person involved.
- Nowadays, not only celebrities, but many other people also have their statements edited and distorted online. However, they rarely seek legal intervention. In your opinion, what is the reason for this?
Currently, not only celebrities, but also many other people have their statements distorted and misrepresented online. The reason these people rarely seek legal intervention may be because they don't foresee the consequences and damage they might suffer and/or don't know how to protect their legal rights.
It can be said that the acts of distorting, editing, and shortening other people's statements have seriously affected the honor, dignity, reputation, and image of those individuals; such acts are violations of the law. We must condemn and thoroughly eradicate this problem by carefully filtering the information we receive; accessing information from official sources; refraining from making unverified statements; and continuously updating, researching, and supplementing our knowledge of legal regulations regarding cyberspace, etc.
Speaking to VTC News , Mr. Tan Dat, the media representative of Miss Khanh Van, said that the author of the article has now deleted it from the page. "Miss Khanh Van is speaking out to clarify the situation and avoid unnecessary misunderstandings. The internet may be virtual, but the consequences are not," Mr. Tan Dat shared.
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