Re: [Wikimedia-l] Personality rights for individual photos in Vietnam

[Toby Dollmann]

At Wikimedia Commons the country specific consent guidelines at
https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements
 (especially for Asian countries) are quite distorted by some over
enthusiastic members of that project. (See the recent edit warring at
that page)

Now whereas Commons theoretically has a policy called the
precautionary principle which requires uploaders and site users to err
on the side of caution, in practice a handful of editors seem to have
ensured anarchy on site.

Your government's policy is well aligned to the UNHCR declarations,
and empowers against  the use of a photographic image of identifiable
persons without their consent. The country entry for Vietnam ought to
mention that reality clearly and in the accompanying graphic / table.
You could use the talk page to get consensus for your additions as
there is considerable edit warring for this guideline.

In a a very recent case at Commons involving this official guideline,
a female worker from India had requested deletion of a photograph
taken at her workplace, clearly identifying her, and published without
her consent and which was automatically copied from a Flickr account.
Although the file was deleted from Commons a few days back after a
public deltion review where the uploader admitted the file lacked
permissions, a former Commons sysop (now globally banned by WMF for
reasons not made public)  then extensively sockpuppeted on the
talkpage of another Common Sysop and got the image undeleted, and 2
Commons admins (both proteges of the banned sysop) have stubbornly
refused to take down the image file which is a serious violation of
the.individual's privacy and despite that publication of the image now
constitutes sexual harassment under India's gender protection laws eg.
the "Sexual Harassment of Women at Workplace Act"since the victim, the
uploader and the photographer are all Indians, and one of the admins
kept the image saying  "sexual harassment"? Well, I think Indian
people have sex in a different way than in Europe,

For the reason this matter is now declared to be with the WMF legal
team [ref#1], I am not posting the other Commons 'diffs' in this
email, but.such aberrations where WMF's globally banned sysops acting
through sockpuppets still call the shots over at Commons raises
concerns over commitment to enforce Terms of Usage.

Toby

[ref#1] 
https://commons.wikimedia.org/w/index.php?title=Commons%3ADeletion_requests%2FFile%3AAn_Oberoi_Hotel_employee_doing_Namaste%2C_New_Delhi.jpg&type=revision&diff=194767245&oldid=194766636&uselang=en

On 4/29/16, Trần Nguyễn Minh Huy  wrote:
> Hi all.
>
> I sent this mail to discuss about adding (or no) Vietnam section into <
> https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements
>>
>
> In Civil Code of Vietnam, The Article 31 has refers to the use of personal
> photos.
> <
> http://moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=6595
>>
>
> Quotations:
>
> *Article 31.-** The right of an individual with respect to his/her picture*
>
> 1. An individual shall have the right with respect to his/her picture.
>
> 2. The use of a picture of an individual must have his/her consent; where
> such person has died, lost his/her civil act capacity or is under full
> fifteen years old, the consent of his/her father, mother, husband, wife,
> adult children or representative is required, unless it is for State
> interests, public interests or otherwise provided for by law.
>
> 3. It is strictly forbidden to use pictures of other persons to infringe
> upon their honor, dignity and/or prestige.
>
> But seem this law only focus about "rights for their photos/pictures", not
> "photos about themself taken by others".
>
> Could this law can be considered as a part of our guideline about
> Photographs of identifiable?
>
> Best regards.
>
>
> Trần Nguyễn Minh Huy
> Supporter, Wikimedia Projects
> ___
> Wikimedia-l mailing list, guidelines at:
> https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines
> New messages to: Wikimedia-l@lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l,
> 

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[Wikimedia-l] Personality rights for individual photos in Vietnam

[Trần Nguyễn Minh Huy]

Hi all.

I sent this mail to discuss about adding (or no) Vietnam section into <
https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements
>

In Civil Code of Vietnam, The Article 31 has refers to the use of personal
photos.
<
http://moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=6595
>

Quotations:

*Article 31.-** The right of an individual with respect to his/her picture*

1. An individual shall have the right with respect to his/her picture.

2. The use of a picture of an individual must have his/her consent; where
such person has died, lost his/her civil act capacity or is under full
fifteen years old, the consent of his/her father, mother, husband, wife,
adult children or representative is required, unless it is for State
interests, public interests or otherwise provided for by law.

3. It is strictly forbidden to use pictures of other persons to infringe
upon their honor, dignity and/or prestige.

But seem this law only focus about "rights for their photos/pictures", not
"photos about themself taken by others".

Could this law can be considered as a part of our guideline about
Photographs of identifiable?

Best regards.


Trần Nguyễn Minh Huy
Supporter, Wikimedia Projects
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