PROTECTION OF THE RIGHT TO USE PERSONAL IMAGES

The 21st century marks the era of digital technology, where images can be shared and accessed by millions of people in just a matter of seconds. Alongside the benefits brought about by this rapid dissemination, there are also increasing risks of infringement upon the rights and interests of individuals and organizations. As a result, the protection of personal image rights has become a major concern in modern society.
Through this article, CELIGAL Law Firm Limited Liability Company aims to provide useful legal information to help readers proactively protect their lawful rights and interests.

I. Rights of Individuals in Relation to Their Personal Images

The rights of individuals with respect to their images are specifically stipulated in Clause 1, Article 32 of the Civil Code 2015, as follows:

• Individuals have the right to their own images.
• The use of an individual’s image must be subject to that person’s consent.
• Where an image of another person is used for commercial purposes, remuneration must be paid to the person whose image is used, unless otherwise agreed by the parties.

Use of images for commercial purposes

Commercial use of images may be understood as follows:

Pursuant to Clause 1, Article 3 of the Law on Commerce 2005, commercial activities are defined as:
“… activities conducted for profit-making purposes, including the sale and purchase of goods, provision of services, investment, trade promotion, and other profit-oriented activities.”

Accordingly, commercial purposes refer to purposes aimed at generating economic profits or other material benefits.
Examples include: participants in television programs, or individuals who are incidentally photographed and whose images are posted on social media platforms to increase the popularity, traffic, or commercial value of such platforms.

II. Circumstances Where Personal Images May Be Used Without Consent

In the following cases, personal images may be used without the consent of the individual concerned or their legal representative:

• Where the use of images serves national interests, public interests, or community interests;
• Where images are taken from public activities, including conferences, seminars, sports competitions, artistic performances, or other public events, provided that such use does not prejudice the honor, dignity, or reputation of the person whose image is used.

Examples include images of soldiers during military parades, or images of athletes and spectators at sporting events.

III. Remedies for Unauthorized Use of Personal Images

As individuals have the right to their images, where such images are used unlawfully, the affected individual has the right to:

• Request the infringing party, relevant agencies, organizations, or individuals to withdraw, destroy, and cease the use of the image;
• Claim compensation for damages arising from the unauthorized use of personal images (if any).

However, in today’s digital environment, identifying individuals or entities that unlawfully use personal images can be challenging. Moreover, enforcement of the above remedies may be difficult if the infringing party fails to cooperate. In such cases, individuals may seek assistance from competent state authorities, including:

1. The Courts

Pursuant to Clause 3, Article 32 of the Civil Code 2015.

2. The Police Authorities (Administrative Sanctions)

Pursuant to Point e, Clause 3, Article 102 and Clause 2, Article 120 of Decree No. 15/2020/NĐ-CP.

For the act of “collecting, processing, and using information of other organizations or individuals without consent or for improper purposes in accordance with the law”, the violator may be subject to an administrative fine ranging from VND 5,000,000 to VND 10,000,000, in accordance with Clause 3, Article 4 and Point e, Clause 3, Article 102 of Decree No. 15/2020/NĐ-CP.

The authority to impose such penalties rests with the People’s Public Security forces pursuant to Clause 2, Article 120 of Decree No. 15/2020/NĐ-CP.

3. Criminal Liability

In cases where the competent authorities determine that the unauthorized use of personal images causes serious social impact, poses a danger to society, or severely affects the victim, such conduct may be subject to criminal prosecution under the Criminal Code 2015 (as amended and supplemented in 2017).

Specifically, Article 155 of the Criminal Code provides for the offence of “Insulting the honor and dignity of others”. The maximum penalty for this offence is up to five (5) years of imprisonment. In addition, offenders may be prohibited from holding certain positions, practicing certain professions, or performing certain jobs for a period of one (1) to five (5) years.

Conclusion

Through this article, CELIGAL Law Firm LLC hopes to provide readers with useful insights into the legal protection of personal image rights. Should you encounter any legal issues or difficulties, please do not hesitate to contact us. We are confident in our ability to deliver high-quality legal services and effective legal solutions to our clients.