IS MASCHIO POSTING TRUONG THE VINH'S IMAGE ON ITS FANPAGE ADVERTISING?
Society is growing day by day, social networks such as facebook, zalo and twitter are also becoming useful information channels for users. Along with that, the issue of using information to transmit or post on these channels also needs to be considered from a legal angle. Recently, a controversial affair involving Maschio brand posted a picture of the singer and model Truong The Vinh wearing this brand’s shirt on its fanpage, specific affair are as follows:
On July 18: Maschio brand posted an image of Truong The Vinh wearing this brand's shirt on its fanpage, along with the following article content: “Maschio's super hot shirt is here… Please visit Maschio's stores to own it right away ...”
Come to July 24: Truong The Vinh said that this fashion brand arbitrarily used his image to advertise the brand without permission, and asked Maschio to pay 25 million Dong royalties for 5 days of using his photos on the fanpage.
The brand responded as follows: The brand did not leave the logo, did not name Truong The Vinh as a brand representative, The brand said: "We do not use your image to advertise Maschio, but only say you are wearing Maschio's costume."
Based on the facts of the case reported by the press and pursuant to the relevant legal regulations, DTD will provide some of its analysis and statements regarding the advertising laws related to this affair.
According to Article 2 of Law on advertising:
1. Advertising is the use of various means in order to present the public with the profitable products, goods and service; non-profitable products, goods and services; organizations and individuals trading the presented products, goods and services, except for news, social policies; personal information.
3. Advertisements include the contents and forms of advertising demonstrated by using graphics, sounds, voices, text, symbols, colors, lights and similar forms.
Article 17. Means of advertising
2. Websites, electronic equipment, terminal devices and other telecommunication devices.
Based on the content of the incident, Maschio posted products and services on its official fanpage on social networking site Facebook. Facebook allows users to set up "Business pages". On the Business page, the owner of this page can add the "Shop" function to post the products which it trades. The purpose of setting up a commercial page is to introduce the products and goods to the public and organizations and individuals currently trade in those products and goods. According to the posted affair information, Maschio set up a fanpage on facebook, this fanpage has a "shop" function, which posts Maschio's products. At the same time, this fanpage is also attached a link to Maschio’s e-commerce website. Thus Maschio fanpage is a commercial website created with the purpose of introducing Maschio’s products and business to the public - Here is Maschio brand. In our opinion, Maschio's fanpage in particular and other fanpages in general is an advertising mean in accordance with Article 17.2 of Law on Advertising 2012. (Websites, electronic equipment, terminal devices and other telecommunication devices).
Simultaneous consider the facts related to the case, DTD judged that Maschio brand may have violated regulations related to prohibited advertising and the personal rights of singer Truong The Vinh as prescribed in Clause 1, Article 32 of the Civil Code 2015 : “ Each individual has rights with respect to his/her own image. The use of an image of an individual must have his/her consent. When an image of an individual is used for commercial purposes, that person is eligible for remuneration, unless otherwise agreed”. Image of this singer, model, cannot be used by another individual or organization without their consent. Depending on the source and the author of the image, there will be legal provisions governing this matter. Accordingly, singer Trương Thế Vinh is completely entitled to himself or to request competent agencies and organizations to compel violators to stop the violations and be fined for administrative violations. Regarding the determination of "remuneration for image-holders", there is currently no specific legal provision, so Truong The Vinh, can base on the normal
