Client/Legal Alert: Administrative Penalties Regarding Violations of the Right to Own Image

Vietnam's government and the Ministry of Information and Communications have prepared a draft decree on sanctioning of

Vietnam's government and the Ministry of Information and Communications have prepared a draft decree on sanctioning of administrative violations in press, publication activities. Notable, the act of publishing, broadcasting an individual image without the consent of the right holder would be fined from 2 to 6 VND Million, except in special circumstances.   

In particular, Article 32 of the Civil Code 2015 provides the right to own image: “The law governing a number of cases where intrusions are permitted: a) Image is used for the sake of the national interest, the community interest; b) Image is captured in the public events, such as conferences, seminars, sport activities, art performances and others which do not affect honor, dignity, prestige of the connected person.

Under the law, it is lawful recording and transmitting images captured, with or without requiring consent based on particular cases. For example:

1. When an investigator announces suspects, the press does not publish photos of the suspects until charged as they have right to the protection of their images.

2. At the trial, the press can release images of suspects or defendants without requiring consent as this publicity is considered as the communication to the public for the sake of community interest.