The case of naming people with conflicting names of ‘dogs and horses’ in Dai Nam: Can sue!
Can sue
On the afternoon of March 19, Ms. Nguyen Phuong Hang (General Director of Dai Nam Joint Stock Company) held an exchange and meeting. In the program, this company organized dog racing and horse racing. Notably, the dogs, horses… are named after people who are in conflict with Ms. Nguyen Phuong Hang such as journalist Duc Hien, journalist Han Ni, singer Vy Oanh…
This incident caused public outrage and raised many controversial issues.
At noon on March 21, discussing with PV, lawyer Tri Duc (Director of 360 Law Firm, Ho Chi Minh City Bar Association) said that the act of naming “dogs and horses” with human names is an infringement. honor, dignity and reputation of others.
Depending on the nature and seriousness of the act, the person who offends the dignity and honor of others may be administratively sanctioned or examined for penal liability. In addition, if this behavior is serious and has enough signs to constitute a crime, it will be criminally handled according to Article 155 of the 2015 revised and supplemented Penal Code 2017 on the crime of humiliating others.
At the same time, the infringed person has the right to request the person performing the act that adversely affects his/her honor, dignity and reputation to apologize and pay compensation in accordance with the civil law.
Agreeing with lawyer Tri Duc, lawyer Thai Phuong Que (Dong Doi Law Office, Hanoi Bar Association) said that according to the 2013 Constitution, everyone has the right to be protected by law. honor and dignity and have the right to protect their honor and reputation.
Therefore, acts of adversely affecting or offending the honor and dignity of others are against the law and may be liable to legal responsibility before the law, depending on the nature and seriousness of the crimes. behavior.
Is it forbidden by law?
Regarding the naming issue, lawyer Que said there is no regulation prohibiting the use of human names to name animals. However, in this case, the act of using stage names and pseudonyms of famous people… to call animals such as dogs and horses, especially when these individuals are in conflict with Ms. Nguyen Phuong Hang is a purposeful action.
According to the provisions of Article 11 of the Civil Code 2015, when an individual believes that there is an act that offends his dignity and reputation, he or she has the right to request the individual who has offended his honor to stop the act. violate; force a public apology and reparation for damages.
Besides, if the above-mentioned acts are aimed at provoking, teasing, insulting, insulting, smearing the honor and dignity of others, the violators may be administratively sanctioned with fines. from 2,000,000 VND to 3,000,000 VND, according to the provisions at point a, clause 3, article 7 of Decree 144/2021/ND-CP of the Government.
In addition, this behavior was carried out at an exchange in Dai Nam tourist area and widely covered in the mass media, so if there are grounds to believe that this behavior seriously offends human dignity, , the honor of another person, causing serious consequences, the violator may be considered for penal liability for the crime of humiliating others according to the provisions of Article 155 of the Penal Code 2015, amendments and supplements 2017 The penalty for this crime is a fine of between VND 10,000,000 and 30,000,000 or non-custodial reform for up to 3 years.
Lawyer Thai Phuong Que further shared, our country’s long-standing culture is taboo to call out one’s own name to show respect in society. Up to now, this is still a good behavior culture of the Vietnamese people, so when a person’s name is used to name an animal, whether intentionally or unintentionally, this is still an opposite behavior. with the culture of behavior, with the fine customs and traditions of the nation.
In modern society, community ethical standards not only stop in real life, but that standard must also be adhered to on social networks. Therefore, similar behaviors need to be promptly intervened, rectified and strictly handled, otherwise it will become a bad precedent. At the same time, it also ensures the deterrence and strictness of the law, contributing to building a healthy and civilized network environment for users.
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at Blogtuan.info – Source: cafebiz.vn – Read the original article here
