With the popularity of online social media, online rumors are characterized by rapid spread, wide spread, great influence and high harm. Because it is difficult to tell the truth from the false, it is easy to bring serious social problems, and even lead to social unrest and political instability. In order to further enhance the people’s awareness of network security, effectively purify the network environment, and crack down on and rectify network rumors according to law, the police insisted on combining crackdown according to law with comprehensive rectification, increased publicity, and always maintained a high-pressure situation of cracking down on network rumors.
First, what are online rumors?
Internet rumors refer to rumors spread through online media (such as Weibo, foreign websites, online forums, social networking sites, chat software, etc.) without any factual basis. Internet rumors mainly involve emergencies, public health, food and drug safety, political figures, subversion of tradition, deviance and so on.
Second, the harm of online rumors
The spread of rumors is sudden and extremely fast, so it is easy to have a bad influence on the normal social order. The fabrication and dissemination of online rumors not only violates the Constitution of People’s Republic of China (PRC), the Cyber Security Law of the People’s Republic of China, the Criminal Law of People’s Republic of China (PRC) and other laws and regulations, but also violates the socialist core values, damages the sovereignty, security, honor and interests of the country, and hinders the harmony, stability and development of society. Therefore, we must strike hard to crack down on online rumors according to law!
Third, the case of online rumors
Siping network police found in their work that the netizen "Northeast Haige XX" released a series of videos in the short video platform, saying that the son-in-law killed his wife’s family of three because of family conflicts. Workers were killed because of the employment contradiction of picking beans. These two videos have attracted the attention of netizens, with a cumulative broadcast volume of more than 2 million times!
The network security department quickly launched a multi-party verification, and sure enough, the contents inside were all false. After investigation, Song, a person from Siping, Jilin Province, fabricated false contents such as "murder case information" in order to increase the attention of his short video account. After interrogation, he confessed to his act of fabricating rumors. Because Song’s behavior has violated the relevant provisions of the People’s Republic of China (PRC) Public Security Administration Punishment Law, the public security organs in Siping City have given Song administrative detention for seven days and imposed an administrative penalty of 300 yuan. Its account has also been closed.
The world is indeed full of wonders, but we can’t make up vicious rumors of "killing and setting fire" and "copying with a door" in order to attract traffic! The netizen’s behavior is very typical and very wrong, so please learn from it. A temporary flow of sweetness may lead you into the quagmire of rumors and eventually be severely punished by law!
IV. Relevant laws and regulations
According to the seriousness of the behavior, the legal responsibility for online rumors in China may bear civil responsibility, administrative illegal responsibility and criminal responsibility.
Below, I will take you to quickly understand the relevant provisions of China’s laws on dealing with online rumors, to help you keep a clear head in the complicated online world and stay away from the illusory and tempting trap of online rumors.
Civil liability [legal basis] The Civil Code of People’s Republic of China (PRC)
Article 1024th A civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering.
Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.
Article 1025 An actor who conducts news reports, supervision by public opinion, etc. for the public interest and affects the reputation of others shall not bear civil liability, except in any of the following circumstances:
(1) fabricating and distorting facts;
(2) Failing to fulfill the obligation of reasonable verification of the seriously inaccurate contents provided by others;
(3) Use insulting words to belittle the reputation of others.
Article 1194 Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, such provisions shall prevail.
Administrative illegal responsibility [legal basis] "People’s Republic of China (PRC) Public Security Management Punishment Law"
Item (1) of Article 25: Whoever spreads rumors, falsely reports dangerous situations, epidemic situations or police situations or intentionally disturbs 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; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Criminal Responsibility [Legal Basis] The Criminal Law of People’s Republic of China (PRC)
Article 246th Crimes of insult and slander
Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Article 291-1, paragraph 2, Crime of fabricating and intentionally spreading false information
Whoever fabricates false dangers, epidemic situations, disasters and police situations and spreads them on information networks or other media, or knowingly and deliberately spreads them on information networks or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 293rd the first paragraph (2) and (4) of the crime of stirring up trouble.
Whoever commits one of the following acts of provoking trouble and disrupting 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, and the circumstances are bad;
(four) in public places, 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 Laws in Handling Criminal Cases of Defamation by Information Network (Fa Shi [2013] No.21).
Article 5 Whoever uses the information network to insult or intimidate others, if the circumstances are bad and disrupt social order, shall be convicted and punished for the crime of stirring up trouble in accordance with the provisions of Item (2) of Paragraph 1 of Article 293 of the Criminal Law.
Whoever fabricates false information, or knowingly fabricates false information and spreads it on the information network, or organizes or instructs personnel to spread it on the information network, thus causing serious public disorder, shall be convicted and punished for the crime of stirring up trouble in accordance with the provisions of Item (4) of Paragraph 1 of Article 293 of the Criminal Law.
The Internet is not a place of extra-legality. It is no small matter to make up false information and spread it on the Internet! It is even more impossible to deliberately fabricate in order to attract attention and gain traffic.
Fabricating and deliberately spreading online rumors, ranging from tort liability to fines and detention, and even being suspected of committing crimes.
In addition, network service providers should fulfill the obligations of information network security management stipulated by laws and administrative regulations, and jointly build a civilized and orderly clear cyberspace. Continue to slide to see the next touch to read the original text.
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Original title: "Combating network rumors and purifying the network environment! 》
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