peter a famous soccer player was accused of using illegal drugs to enhance his physical endurance and performance during soccer matches the accusation was made by con

Table of Contents ISSUE 1: Is Con's act of accusing Peter of using drugs considered an infringement on Peter's honor, dignity, and repufafÏOTP.... They broadcasted this covert recordi

Peter, a famous soccer player was accused of using illegal drugs to enhance his physical endurance and performance during soccer matches The accusation was made by Con, another soccer player in the same team, who had been jilted by his girlfriend in favour of Peter The accusation was made during an argument between Peter and Con in the change rooms, after a match, in which Con had played a particularly bad game The accusation was heard by the team players, the coach and manager A radio interviewer in the rooms to interview Peter, recorded the argument which was later broadcast on the evening news Con refuses to apologize and maintains that the accusations are all true Peter has since denied all the allegations and wishes to initiate legal action against Con and the Radio station Please advise Peter under U.S law Would your advice be different if Vietnamese law applies?

Group: 01 Class: 121-CLC45(C)

SEMESTER 1, ACADEMIC YEAR 2023-2024

Vũ Quynh Trang Pham Thi Thuy Vy

Lé Thi Héng Thom

Nguyễn Trúc Quỳnh Ngô Thị Quỳnh Trang

Student ID 2053801015156 2053801015182 2053801015122 2053801015107 2053801015152

Contribution Summary, issue 2, 3 in US Law Issue | and 3 in US

Law

Issue | in Vietnamese Law Issue 2 in Vietnamese Law Comparative Between US Law and Vietnamese Law

Table of Contents

ISSUE 1: Is Con's act of accusing Peter of using drugs considered an infringement on Peter's honor, dignity, and repufafÏOTP o‹ss«ssssss sssss 8 ISSUE 2: Whether Peter's radio reporter's act of recording a debate and then broadcasting it on the evening news be considered a violation of Peter's

SUMMARY

Peter is a famous soccer player He used illegal drugs Peter was accused by Con of using illegal drugs (it was not clear whether Peter actually used them or not) to enhance his physical strength and performance in football matches and was accused by a football player named Con The argument was overheard by other players, coaches and team managers The debate was recorded by a radio interviewer and broadcast on the evening news Con affirmed that his accusations were true and refused to apologize Peter denies all accusations and wants to sue Con and the radio

station

A.UNDER US LAW ISSUE 1: Whether Con’s words constitute defamation or not?

1 Rules: The Con’s accusation violated “Defamation of Character” 2 Analyze:

Defamation is “a statement that damages the reputation of a third party” Accordingly the laws requires to must prove:

- Con made an untrue statement of fact about Peter - The statement refers to Peter

- The statement reduces reputation of Peter in the eyes of the team players, the coach and manager;

- Statement was intentionally or accidentally published to a third party, specifically a radio interviewer accidentally heard it

If Con makes a false statement, he must be responsible for his actions/ statements Because Peter (the victim) is a public figure, it is necessary to further prove that the comments directed at him have “malicious intent” So Con can be in violation of the Defamation of Character

If Peter is mentioned in the false statements is negatively affected (Damages may include loss of income Capital, emotional distress, humiliation, and loss of standing in the community) The burden of proving that the Con’ accusation is false lies with Peter Based on the law, Peter has the obligation to prove Con’s accusation is baseless and intentionally fabricated

Thereby proving Con’s accusation is a Slander Because this has the elements analyzed above and the following elements:

- Peter is a famous soccer player (sports figures) - The statement refers to Peter and this is an untrue statement of fact about Peter - The statement was intentionally or accidentally published to a third party (the

team players, the coach, manager and a radio interviewer)

- The statement reduces the reputation of Peter in the eyes of the team players, the coach, manager and the public

3 Conclusion: - Generally, defamatory matter is considered to have been published when a

third person (in this case is a radio interviewer) hears or reads the content of the defamatory matter

- Section 7(2) of the Defamation Act allows victims of defamation to bring proceedings even if there is no evidence of the extent of damage caused as a result of the defamation As long as Peter can prove a certain statement to be false, they will definitely win the case and receive compensation from the Con - To be successful in the case, Peter (the person being defamed) must prove that

he was personally named or implicated in a sufficiently obvious way that a reasonable person would have recognized him in the public place (caused by Con's defamation)

This law allows people who have suffered personal and property damage to sue in Court, so Peter has the right to sue an interviewer to protect his legal rights - Because according to the analysis, the burden of proof belongs to Peter and so

Con is liable for Peter’s damages and can initiate legal action in Court ISSUE 2: Whether or not the interviewer's recording violates privacy rights?

1 Rules: invasion of the right to privacy 2 Analyze:

Invasion of the right to privacy is invasion of the right to privacy an intrusion into another person's personal life without a legitimate reason, the person whose privacy is violated can sue for personal compensation there has been an infringement

Invasion of Privacy: Recording the argument and broadcasting it on the news could be an invasion of Peter's privacy, especially when it involves sensitive issues such as abuse stimulant

Regarding the subject, the person whose privacy was violated was famous football player Peter, and the violator was a radio interviewer

Regarding behavior, a radio reporter recorded Peter and Con arguing in the locker room with Con accusing Peter of using illegal drugs

California courts have recognized two causes of action for invasion of privacy that plaintiffs defend: Public disclosure of private events; intrusion into private locations, private conversations or other matters’

1 Shulman v Group W, Supreme Court of California June 1, 1998, Tort: Case and Context, Volum Two Eric E Johnson

The Court of Appeal analyzed factors such as: (1) public disclosure of a private fact which would be offensive and objectionable to the reasonable person and which is not of legitimate public concert.’ This article stipulates that a person who makes public a matter related to the private life of another person will be liable for violating the privacy of that other person, if the matter made public is about a matter regarding the privacy of others

The person who intentionally infringes is a person who has full awareness and expectation of the consequences of the infringement Most intentional acts of infringement are subject to compensation liability, even if tangible consequences and damages have not yet occurred *

In this case, a radio interviewer was fully aware of the act of recording Peter arguing and then the video was broadcast on the radio, this behavior was considered to have expected the consequences of broadcasting it on air evening news, although no tangible behavior has occurred in the situation

Some State regulations on invasion of privacy: Maryland

All parties must consent to the recording of oral or telephone conversations under Maryland law, though the courts have interpreted this to be limited to situations where the parties have a reasonable expectation of privacy Recording with criminal or tortious intent is illegal regardless of consent Violating this law is a felony punishable by fine and/or imprisonment, and can lead to civil damages as well.’ Texas

Under Texas law it is a felony to record an oral or electronic communication without the consent of at least one party, or with the intent to commit a crime or a tort Illegal recording may also be the basis for civil liability.’

Washington Washington law requires the consent of all parties to legally record in-person or telephone conversations Consent is considered obtained via a reasonably clear announcement made to all parties during the recording Violations are considered a gross misdemeanor and can also lead to civil damages.°

New York

2 Diaz v Oakland Tribune, Inc (1983) 139 Cal.App.3d 118, 126

3 Cees Van Dam, European Tort Law, sdd, tr 102

4 MD Cts & Jud Pro Code §10-402 (definition & penalty), §10-410 (civil damages), Malpas v State, 695 A.2d 588 (Md Ct Spec App 1997)

5 Tex Penal Code §16.02 (definition & penalty), Tex Civ Prac & Rem Code §123.004 (civil damages) 6 WA Rev Code §9.73.030 (definition), §9.73.080 (penalty), §9.73.060 (civil damages)

Under New York’s eavesdropping law, it is illegal to record in-person or telephone conversations without the consent of at least one party Illegal recording is a felony

3 Conclusion: Accordingly, most states in the US stipulate that recording or recording conversations without the consent of the parties is illegal

Criminal and Crvil Penalties: Recording laws and hidden camera laws, regardless of the state, have criminal penalties attached Therefore, violations can result in fines and/or jail time for each offense In addition, most states with recording laws create a private right of action for civil suits Even if you think prosecutors would not bring criminal charges, a person who is secretly recorded may bring suit Some of these laws provide for attorney’s fees and triple damages, so that could create an added incentive for a plaintiff to file suit

ISSUE 3: Whether the radio station's broadcasting actions subject it to liability for defamation or broadcast privacy?

1 Rule: Defamation of Character and invasion of the right to privacy 2 Analyze:

- Defamation: + If a broadcaster disseminates false information and damages a person's reputation, they can be sued for defamation

+ False Statement: There is a request for a false statement that causes harm to the subject If Con's statements about Peter's drug use were incorrect, that would violate this principle

+ Publication to Third Parties: The statement must be published to third parties, in this case, having been broadcast via radio, can be considered publication + Harm to Reputation: Peter needs to prove that these statements have damaged his reputation

- Invasion of Privacy: + Intrusion into Private Affairs: If recording and broadcasting invades a person's private life, this can be considered an invasion of privacy Recording and broadcasting in the dressing room can be considered an invasion of Peter's private life

+ Public Disclosure of Private Facts: If the broadcast content contains personal information without consent and may cause harm to the subject, this may be an invasion of privacy

- Freedom of speech and press:

3 Conclusion: The Radio station violated this regulation because they didn’t comply with the above 2 rules They broadcasted this covert recording on the media a secretly recorded recording that violates privacy, without the permission or consent of one of the parties, containing content about private life without any solid information clearly shows that this is accurate information, affecting Peter's private life in public and in the eyes of the community

Many states also create separate violations for possessing or knowingly disclosing illegally intercepted or recorded conversations, so journalists should know that publishing or airing such recordings - or even the details of such conversations - could be an additional offense

B UNDER VIETNAMESE LAW ISSUE 1: Is Con's act of accusing Peter of using drugs considered an infringement on Peter's honor, dignity, and reputation?

1 Rules: The defendant's accusation is intended to directly affect the honor and dignity of the plaintiff

Con's behavior was a violation of Peter's honor 2, Analyze:

Clause 1, Article 581 Civil Code 2015: "Anyone who violates the life, health, honor, dignity, reputation, property, rights, or other legitimate interests of another person and causes damage must compensation, unless this Code or other relevant laws provide otherwise.”

- Con's behavior was a violation of Peter's honor Specifically, Con accused Peter of using illegal drugs, causing damage to the honor and dignity of a famous player Thus, according to Clause 1, Article 581, the Con must compensate Peter for damages

Clause 2, Article 581 Crvil Code 2015: "The person who causes damage is not responsible for compensation in cases where the damage arises due to a force majeure event or is entirely due to the fault of the damaged party, except in cases where there is another agreement or the law has other provisions.”

- The damage to Peter can be considered intentional, specifically Con's refusal to apologize to Peter and affirm that his accusation against Peter was true Thus, the damage arising here is absolutely not due to force majeure events or Peter's fault You must be responsible for compensation

Clause 2, Article 34 Civil Code 2015: “2 Individuals have the right to request the Court to reject information that adversely affects their honor, dignity, and reputation.”

Clause 5, Article 34 Civil Code 2015: “5 Individuals whose honor, dignity, and reputation are adversely affected by information, in addition to the right to request rejection of that information, also have the right to request the person who provided the information to apologize, make a public correction, and compensate for damages .”

- Peter has the right to request the Court to reject information that affects his honor, force Con to apologize, publicly rectify and compensate for

Article 592 of the 2015 Civil Code, damage due to violation of honor, dignity, and reputation includes reasonable costs to limit and remedy the damage; actual lost or reduced income and other damages prescribed by law The person who offends the

honor and dignity of another person will have to compensate for the above damages and another amount of money to compensate for the mental damage the victim has suffered

3 Conclusion: From the perspective of Vietnamese law, Con's behavior offended Peter's honor, dignity, and reputation Accordingly, you must compensate Peter if your actions cause Peter's actual income to be lost or reduced You must pay compensation and other expenses to compensate mentally Peter had to bear it

ISSUE 2: Whether Peter's radio reporter's act of recording a debate and then broadcasting it on the evening news be considered a violation of Peter's privacy?

1 Rules: Recording and posting information violates the law and violates Peter's honor and dignity:

2, Analysis: An individual's image right 1s an individual's moral right Therefore, when using anyone's image, you must have that person's permission and consent This right is specifically stipulated in Clause 1, Article 32 Civil Code 2015 as follows: “Individuals have the right to their image The use of an individual's image must be approved by that person.”

Clause 2, Article 38 Civil Code 2015 stipulates: "The collection, storage, use and disclosure of information related to private life and personal secrets must be

approved by that person , storing, using, and disclosing information related to family secrets must be approved by family members, unless otherwise prescribed by law.”

=> In this case, the interviewer arbitrarily recorded the debate without Peter's consent and also arbitrarily broadcast it on the evening news, so this recording violates the above law Besides, if arbitrarily using a personal image, the person with the image has the right to request the Court to issue a decision forcing the violator and other relevant agencies, organizations and individuals to recover, destroy, terminate the use of images, compensate for damages and apply other remedies according to the provisions of law

The person who commits the above act will be subject to sanctions according to the law for his or her behavior on the basis of the damage caused, depending on the nature and extent of the matter, and may be subject to administrative sanctions or prosecution criminal liability and compensation for damages under civil law

Clause 1, Article 584 Civil Code 2015: "Whoever violates the life, health, honor, dignity, reputation, property, rights or other legitimate interests of another