Phuong Oanh's mother extracted her daughter-in-law, did she violate the law, how was she punished?

In recent days, a video of a woman in Hanoi being scolded by her mother-in-law when she had just given birth to a baby has gone viral on social networks, causing special public interest.

The woman in the video named Ms. Tr., then said that the two are now divorced, that is, the older woman who appears in the clip is her ex-mother-in-law, who is also the biological mother of actor Phuong Oanh. Ms. Tr. affirmed that there was no conflict between her and actor Phuong Oanh, and the incident was just a reflection of her mother-in-law's mental insult to her. The image in the video shows heavy words, scolding the newborn daughter-in-law, making many viewers feel frustrated and sympathetic to her situation.

In family life, disagreement is normal. However, when scolding and insulting words occur frequently and cause obvious mental damage to the sufferer, it is no longer a matter of "having to endure", but most likely has exceeded the legal limit. The Law on Domestic Violence Prevention and Control 2022 clearly stipulates acts of domestic violence, including "insults, leads, or other intentional acts that offend the honor and dignity" of family members. This means that humiliation and scolding like in the video can be considered domestic violence under Vietnamese law.

If the act of offending honor and dignity is not serious enough to be criminally examined, the person who commits such act shall still be sanctioned in accordance with the provisions of administrative law. Specifically, Decree 144/2021/ND-CP has Article 54 stipulating a fine of 5 to 10 million VND for people who insult, extract, insult the honor and dignity of family members. This is an administrative sanction applied when the act has constituted "mental violence" but is not to the extent of criminal handling.

In more serious situations, when the act of offending honor and dignity causes particularly serious consequences or shows obvious mental harm, the violator may be considered for criminal prosecution. Applicable crimes include the crime of "humiliating others" or the crime of "torturing and abusing children and grandchildren" under the Criminal Code, if such acts satisfy the elements constituting a crime specified by law. This can happen if there is sufficient evidence to prove that the behaviour has caused serious emotional or physical harm to the victim.

A very noteworthy point in this story is that although the mother-in-law can be considered a violation of the law when insulting others, Ms. Tr.'s posting of videos excerpted from the family camera on social networks can also violate image rights. other people's private lives. From a legal perspective, although Ms. Tr. is the person who is offended, arbitrarily publicizing videos excerpted from home cameras without the consent of those present in it may lead to her violating the law related to privacy or image rights of individuals.

Therefore, from a legal perspective, both sides may suffer certain legal consequences if their behavior falls under sanctioning regulations. The mother-in-law can be administratively sanctioned or even considered for criminal liability if it is proven that the offense has caused serious consequences. At the same time, the daughter-in-law who posts the video also needs to consider her rights when publicizing other people's images and information on social networks, because this can put herself in a situation where she will be handled by the law if she proves that her privacy is violated.

Therefore, in such cases, the collection of evidence to protect the interests of the affected person should be carried out through the authorities, mass organizations, or other valid legal measures. Arbitrarily posting images and videos on social networks to call for approval can make the matter more complicated and difficult to handle. It is important that choosing the right way to handle according to the law will help the affected person to be able to protect their rights in the most reasonable way, instead of relying only on social media reactions.

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