News

Cracking down on online rumors and promoting legal education

Update:18-04-2024
Abst:With the popularization of online social media, online rumors have shown significant characteristics such as fast dissemination speed, wide dissemination range, great influence, and high harm. Due to the difficulty in distinguishing authenticity and strong persuasiveness, it can easily lead to serious social problems, and even cause social unrest and political instability. In order to further enhance the public's awareness of cybersecurity, effectively purify the online environment, and crack do...

With the popularization of online social media, online rumors have shown significant characteristics such as fast dissemination speed, wide dissemination range, great influence, and high harm. Due to the difficulty in distinguishing authenticity and strong persuasiveness, it can easily lead to serious social problems, and even cause social unrest and political instability. In order to further enhance the public's awareness of cybersecurity, effectively purify the online environment, and crack down on and rectify online rumors in accordance with the law, the Diankou Police Station insists on combining legal crackdown with comprehensive rectification, increasing publicity efforts, and always adhering to a high-pressure situation of cracking down on online rumors.

1、 What is an online rumor

Internet rumors refer to unfounded rumors spread through online media such as Weibo, foreign websites, online forums, social networking sites, chat apps, etc. Online rumors mainly involve unexpected events, public health, food and drug safety, political figures, subversion of tradition, and deviance from tradition.

2、 The harm of online rumors

The spread of rumors is sudden and extremely fast, which can easily have adverse effects on the normal social order. The fabrication and dissemination of online rumors not only violate laws and regulations such as the Constitution of the People's Republic of China, the Cybersecurity Law of the People's Republic of China, and the Criminal Law of the People's Republic of China, but also violate the socialist core values, damage the sovereignty, security, reputation, and interests of the country, and hinder the harmony, stability, and development of society. Therefore, cracking down on online rumors in accordance with the law requires a heavy blow!

3、 Related laws and regulations

The legal responsibility for online rumors in our country may include civil liability, administrative illegal liability, and criminal liability depending on the severity of the behavior.

Civil Liability [Legal Basis] Civil Code of the People's Republic of China

Article 1024 Civil subjects enjoy the right of reputation. No organization or individual shall infringe upon the reputation rights of others through insults, defamation, or other means.

Reputation is a social evaluation of the character, reputation, talent, and credit of civil subjects.

Article 1025: If an actor engages in news reporting, public opinion supervision or other activities for the public interest, which affects the reputation of others, he shall not bear civil liability, except in any of the following circumstances:

(1) Fabricate or distort facts;

(2) Failure to fulfill the obligation of reasonable verification of seriously untrue content provided by others;

(3) Using insulting language or other derogatory language to damage the reputation of others.

Article 11194: If network users or service providers use the internet to infringe upon the civil rights and interests of others, they shall bear the liability for infringement. If there are other provisions in the law, they shall prevail.

Administrative Liability for Violations [Legal Basis] Law of the People's Republic of China on Public Security Administration Punishments

Article 25, Paragraph (1): Those who spread rumors, falsely report dangerous situations, epidemics, police situations, or intentionally disrupt public order by other means shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan; Those with minor circumstances shall be detained for no more than five days or fined no more than 500 yuan.

Criminal Liability 【 Legal Basis 】 The Criminal Law of the People's Republic of China

Article 246: Crimes of insult and defamation

Those who publicly insult others or fabricate facts to defame others through violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, detention, public surveillance, or deprivation of political rights.

Article 291-1 (2) Crime of fabricating or intentionally disseminating false information

Those who fabricate false information about risks, epidemics, disasters, or police, spread it on information networks or other media, or knowingly spread it on information networks or other media, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 293, Paragraph 1, Paragraphs (2) and (4) Offences of provoking and causing trouble

Those who engage in any of the following provocative and disruptive behaviors that disrupt social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance:

(2) Chasing, intercepting, insulting, or intimidating others with malicious circumstances;

(4) Causing chaos and causing serious disorder in public places.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Using Information Networks to Implement Defamation and Other Crimes (Fa Shi [2013] No. 21)

Article 5: Those who use information networks to insult or intimidate others, with heinous circumstances and disrupt social order, shall be convicted and punished for the crime of provocation and disturbance in accordance with the provisions of Article 293 (1) (2) of the Criminal Law.

Whoever fabricates false information, or knowingly spreads false information on the information network, or organizes or instructs personnel to spread and cause chaos on the information network, resulting in serious public order disorder, shall be convicted and punished for the crime of provocation and disturbance in accordance with the provisions of Article 293 (1) (4) of the Criminal Law.

Propaganda from Diankou Police Station of Zhuji Public Security Bureau