Is posting someone else's photo on social media to collect debt subject to criminal prosecution?

Recently, on social networks, there have been many posts with debt collection content. with pictures of the borrower, to put pressure and "terrorize" the borrower mentally.

Some cases also use the form of "running ads" to spread this information widely. Many victims in this case are not even the borrowers, they can be relatives, friends, colleagues... of the borrower. Because when borrowing money through an app or through a financial company, many borrowers have to provide phone numbers, information of relatives, friends... for reference.

When borrowers cannot repay their debts, the apps or financial companies will collect debts from the borrowers' relatives. This is also the reason why many people who do not borrow money are constantly called to collect debts, even posting photos, editing photos... posted on social networks to force them to pay the debt on behalf of the borrower.

The police agency recommends that when people encounter these cases, they can take measures to report to the police agency or file a lawsuit with the People's Court where the person who arbitrarily posted the photo resides or works.

Victims whose photos are posted on social networks need to record them by taking screenshots or recording videos of those posts to save evidence, prevent people from editing, removing, or deleting posts, and also give the competent authorities a basis to resolve the case.

Regarding legal issues, lawyer Diep Nang Binh - Head of Tinh Thong Luat Law Firm said: "Borrowing money from others has become secondary, taking place in many forms such as: Cash loans, through apps...

But when the payment deadline comes, many creditors post pictures of borrowers or their relatives online to threaten and force them to pay. Not only that, some creditors insult the honor, dignity, and reputation of borrowers, causing serious consequences.

From the above information, lawyer Diep Nang Binh analyzed: "In Clause 1, Article 32 of the 2015 Civil Code, which stipulates the individual's right to image, the use of an individual's image must have that person's consent.

Article 20, Clause 1 of the Constitution and Article 34, Clause 1 of the 2015 Civil Code also stipulate the right to protect honor, dignity, and reputation. Everyone has the right to inviolability of honor, dignity, and reputation and is protected by law.

Therefore, posting other people's images on social networks to collect debt without their consent or to infringe upon their honor, dignity, and reputation is considered a violation of the law and should be condemned.

Depending on the nature and severity, violators may be subject to administrative sanctions and criminal prosecution. Violators are also responsible for deleting or removing negative information, making public apologies, and compensating for damages (if any) in accordance with civil law.

In addition, anyone who edits or edits photos to distort the content of the image in order to infringe upon the reputation and dignity of an individual may be fined from 5 to 10 million VND, at Point g, Clause 3, Article 102, Decree No. 08/VBHN/BTTTT of the Ministry of Information and Communications in 2022.

If the above behavior has sufficient elements to constitute a crime, it can be handled according to Articles 155 and 156 of the Penal Code 2015, amended and supplemented in 2017.

Specifically: Article 155 of this Code stipulates that the crime of humiliating others can be punished with a minimum fine of 10 million and a maximum of 5 years in prison.

Article 156 stipulates that the crime of slander (not applicable to commercial legal entities) can result in a minimum fine of VND 10 million and a maximum of 7 years in prison.

In addition, offenders may also be fined from 10 to 50 million, banned from holding positions, practicing a profession or doing certain jobs from 1 to 5 years.

According to lawyer Binh, to protect their legitimate rights and interests, people whose photos are illegally posted on social networks need to immediately report the matter to the authorities for resolution.