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Sunday, August 4, 2024

Defamation in Vietnam: When Words Can Land You in Hot Water ๐Ÿ”ฅ


Etymology Corner ๐Ÿ“š

The word "defamation" comes from the Latin "diffamare" - to spread evil report. Just like our ancient ancestors, modern society still grapples with the consequences of damaging someone's reputation!


The Case That Shook a Village ๐Ÿ˜️

In a small village in Vietnam, what started as a local election turned into
a full-blown criminal case that reminds us: words have consequences ๐Ÿ˜ฎ

Background ๐Ÿ—“️

  • Date: November 6, 2020
  • Location: Ha Noi, Vietnam
  • Main Character: Mr. Lee (name changed for privacy)
  • The Trigger: A village chief election

What Happened? ๐Ÿค”

Mr. Lee, unhappy with how a village election was proceeding, decided to take matters into his own hands - but not in the way you might expect! Instead of filing a complaint or discussing his concerns, he chose the path of... drumroll ๐Ÿฅ anonymous defamatory flyers!

The Spicy Details:

  • Created 50 defamatory flyers
  • Recruited two accomplices
  • Targeted 14 villagers
  • Used false accusations and vulgar language
  • Distributed them throughout the village

Legal Consequences ⚖️

First Instance Judgment:

  • Prison Term: 21 months
  • Compensation: Required to pay damages
  • Additional Penalties: Court fees and civil damages

Appeal Judgment:

  • Reduced Prison Term: 12 months
  • Reason for Reduction:
    • Showed remorse
    • First-time offender
    • Voluntarily paid compensation
    • No prior criminal record

๐Ÿ“Š Defamation Penalties in Vietnam

Defamation Acts -->
  1. Administrative Penalties --> Fines: 2-3M VND
  2. Criminal Penalties --> Prison: 3m-7y + Additional Fines 10-50M VND

Did You Know? ๐Ÿค”

  • In Vietnam, defamation can be both a civil and criminal offense
  • Using social media for defamation can lead to higher penalties
  • Elderly victims (70+ years) result in harsher sentences
  • Truth alone is not a complete defense if the intent was malicious

Real-Life Examples ๐Ÿ 

  1. Social Media Posts
  2. Business Reviews
  3. Community Gossip
  4. Political Discussions

Tips for Avoiding Legal Trouble ๐Ÿ’ก

  1. Think Before You Speak/Write
  2. Verify Information
  3. Consider Impact
  4. Keep Records
  5. Seek Legal Advice

Quick Quiz! ๐Ÿ“

  1. Q: What's the minimum fine for defamation in Vietnam?
    • A: 2 million VND for administrative violations
  2. Q: Can truth be a defense in defamation cases?
    • A: Not always. Even if the information is true, if shared with malicious intent to damage someone's reputation, it can still be considered defamation under Vietnamese law.
  3. Q: What factors can increase penalties?
    • A: Several factors can increase penalties:
      • Victim is over 70 years old
      • Using social media or electronic means
      • Targeting multiple people
      • Causing serious mental health impacts
      • Organized group activity
      • Victim attempts suicide due to defamation

Call to Action ๐Ÿ—ฃ️

Have you encountered defamation in your community? Share your thoughts below! Remember: Let's keep the discussion respectful and legal! ๐Ÿ˜‰

#VietnamLaw #Defamation #LegalRights #CriminalLaw #CommunityAwareness #LegalEducation #Justice


⚖️ Real legal case: the judgment number 478/2022/HS-PT , issued on May 30, 2022๐Ÿ“œ

(Source: congbobanan.gov.vn)

๐Ÿšจ Fun But Serious: A Brief Legal Disclaimer ๐Ÿšจ

Hey there, legal explorer! ๐Ÿ•ต️‍♂️ Before you go...

  • This article is like a map, not a teleporter ๐Ÿ—บ️ It'll guide you, but won't zap your problems away!
  • Each legal journey is unique ๐Ÿฆ„ Your mileage may vary!
  • For real-world quests, seek a professional legal wizard ๐Ÿง™‍♂️ (May we suggest Thay Diep & Associates Law Firm?)

Remember: Reading this doesn't make you a lawyer, just like watching "Top Gun" doesn't make you a pilot! ✈️๐Ÿ˜‰

#LegalInfo #NotLegalAdvice #ConsultAPro

 

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