On July 21st, Thanh Hang's media representative confirmed to Tien Phong that the Ho Chi Minh City Department of Information and Communications (HCMC Department of Information and Communications) and the Investigative Police Agency of Binh Thanh District Police (Binh Thanh District Police) had received a complaint against 1st Runner-up Hoang Thuy (Miss Universe Vietnam 2017).
In the complaint, Mrs.Thanh Hang stated reasons for sending the document to the competent authorities as "requesting the handling of information posted on Hoang Thuy's Facebook" and "requesting the resolution and handling of individuals or groups involved in providing and spreading false information."
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In an interview with Tien Phong, lawyer and lecturer Nguyen Quoc Cuong stated that the basis for Thanh Hang to submit a request for handling Hoang Thuy depends on the severity of the information Hoang Thuy publicly posted on social media.
Then, the competent authorities proceeded to verify the legality of the documents and information that, provided by Thanh Hang, supported the request that had been made in the complaint.
Mrs. Thanh Hang must prove that Ms. Hoàng Thuy posted the content with intent and deliberation and clarify that the screenshots of messages posted on Hoàng Thuy's Facebook lack authenticity.
Thanh Hang's legal team must also provide information and evidence showing that Hoang Thuy's post is directly related to Thanh Hang being subjected to cyber-harassment by extreme individuals.
Additionally, she must prove the impact on her family, friends, brands, and partners due to the negativity surrounding the incident in the documents and information attached to the complaint submitted to the HCMC Department of Information and Communications and the Bình Thạnh District Police.
"With the action of sending a document to the HCMC Department of Information and Communications and the Binh Thanh District Police, the task of Thanh Hang's legal team have to provide documents and information to substantiate their claims. The competent authorities will then verify and conclude whether there is sufficient basis to assert that Hoang Thuy disseminated information affecting the MUVN program or implied anything about Thanh Hang." said laywer Nguyen Quoc
The lawyer stated that no one has the right to conclude that Hoang Thuy’s actions constitute "defamation of honor and dignity" against Thanh Hang, unless there is an official conclusion from the HCMC Department of Information and Communications and the Bình Thạnh District Police.
"Everything depends on the legitimacy and legal basis of the information recorded in the document. The competent authorities will determine whether or not Hoang Thuy’s actions constitute defamation of the honor and dignity of model Thanh Hang," the lawyer added.
Regarding the sanctions, lawyer Nguyen Quoc Cuong outlined the general penalties stipulated by the Government's decree concerning individuals who defame the honor and dignity of others.
"Decree No. 15/2020/ND-CP, dated February 3, 2020, as amended and supplemented by Decree No. 14/2022/ND-CP, dated January 27, 2022, regulates administrative penalties in the fields of postal services, telecommunications, radio frequencies, information technology, and electronic transactions. Specifically, Article 101 outlines the sanctions for violations related to the responsibility of using social networking services, with fines ranging from VND 10,000,000 to VND 30,000,000 depending on the severity of the violation. Additionally, the remedial measure is the requirement to remove false, misleading, or unlawful information," lawyer Nguyễn Quốc Cường explained.
In case, the competent authorities detect criminal elements that infringe upon the interests of the state or the legal rights and interests of organizations or individuals causing serious consequences, the accused may be subject to criminal prosecution. The corresponding charges include the crime of Abusing Democratic Freedoms to infringe upon the interests of the State, the Legitimate Rights and Interests of Organizations and Individuals (Article 331 of the Penal Code), or the Crime of Defamation as stipulated in Article 156 of the Penal Code.
