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Distributing pictures and clips of male students jumping off a building to commit suicide without the consent of their families is a violation of the law

Agencies, organizations and enterprises providing services in the online environment, and individuals, when posting confidential information about children’s private lives online, must have the consent of their parents…

On April 1, the news that a 10th grade male student at a specialized school in Hanoi climbed over the balcony of an apartment and then jumped to his death, shocking many people. According to initial information, the victim recently showed signs of depression. Before committing suicide, I left a suicide note.

On the evening of April 1, a series of photos and clips recording the moment when a male student jumped over the balcony to commit suicide was shared at a dizzying speed. Accompanying the clip, a picture of the content of this male student’s suicide letter was also continuously spread on social networks.

Distributing pictures and clips of male students jumping off a building to commit suicide without the consent of their families is a violation of the law
Illustrations

Public opinion has not spared criticism of my father. The incident culminated when the male student’s biological aunt had to “beg” the online community to stop sharing this painful incident.

On the morning of April 2, a leader of the Ha Dong District Police (Hanoi) said that the unit was looking for someone who posted a clip and a suicide note on social networks of a male student who fell from a high-rise apartment building to his death.

Through this incident, it shows that the social network environment, in addition to the benefits of rich information sources, also contains many dangers and risks that are extremely dangerous.

For the purpose of protecting children in the online environment, on May 9, 2017, the Government issued Decree 56/2017/ND-CP stipulating the responsibility to protect children in the online environment.

The Decree takes effect from July 1, 2017 with 5 articles: regulations on confidential information of children’s private life and personal secrets; communication, education and capacity building on child protection in the online environment; ensure the safety of children in exchanging and providing information on the network environment; measures to protect children’s confidential information in the online environment; measures to support and intervene for abused children in the online environment.

In which, Article 33 of the Decree stipulates confidential information of children’s private life and personal secrets, specifically “confidential information of children’s private life and personal secrets is information about : name; personally identifiable characteristics; health and private life information recorded in the medical record; personal image; information about family members, caregivers of children; personal property; phone number; personal mailing address; address, information about place of residence, hometown; addresses, information about the children’s schools, grades, academic performance and friendships; information about services provided to individual children”.

Article 36 of the Decree also stipulates that “agencies, organizations and enterprises providing services in the online environment and individuals, when posting confidential information of children’s private lives online, must obtain consent of their parents.” , mothers, caregivers of children and children aged full 7 years or older; responsible for ensuring the safety of children’s information”.

Sharing more about the protection of children in the online environment around this incident, Dr. Lawyer Dang Van Cuong – Hanoi Bar Association said that the Vietnamese Constitution and laws recognize, guarantee and protect the personal freedoms of each individual, including the right to freedom of image. .

The 2015 Civil Code also stipulates that the use of an individual’s image must be permitted by that person, except for the case specified in Clause 2, Article 32 of the Civil Code as follows: The image is used for the benefit of the nation or the people. ethnicity, public interest; Images are used from public activities, including conferences, seminars, sports competitions, performing arts and other public activities, without prejudice to honor, dignity, or prestige. credit of the person with the image.

The person who illegally collects other people’s information and images, illegally uses other people’s information and images, depends on the nature and severity of the violation, depending on the consequences that the violator causes. shall be administratively fined or examined for penal liability. If causing damage, they must pay compensation in accordance with law.

For the case of spreading images and clips of male students who committed suicide on April 1, lawyer Cuong said that, in addition to the positive aspects, such as the alarm bells about educational methods, this image can also cause problems. Many students can think and learn because they can’t have mature thoughts and actions like adults.

Besides, this is a heartbreaking image that, if shared widely, also makes the victim’s family very sad. Therefore, in case the victim’s family does not agree to distribute these images and clips, it is illegal for those who collect information and distribute this clip.

“Currently, this information and image is spreading rapidly on social networks and electronic information sites. Mainly the content is of a warning nature, reporting about an happening.

However, if someone takes advantage of this to insult, criticize, insult the honor and dignity of parents or commit other acts to defame the honor, dignity, and reputation of others, this is an illegal act. According to the law, this behavior will be administratively sanctioned or examined for penal liability,” said lawyer Cuong.

In case the victim’s family does not agree with the organization or individual to use this image information in cyberspace, the person who used this image information must remove or obscure or encrypt.

In case the family has already requested it, but the organization or individual still does not comply, this act may be subject to an administrative fine of up to 60 million VND, if it causes serious consequences, it may also be examined for penal liability.

N. Huyen

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