What if online chat is threatened? In the modern era when the network is developed, there are more and more exchanges on the network, and some network infringements also increase. At this time, we must safeguard our rights and interests. The following are the countermeasures when online chat is threatened.
What if online chat is threatened? 1 Online threats suggest calling the police in time. If online threats are made to others, the public security organ may take administrative detention measures against the other party according to the provisions of the Law on Public Security Administration Punishment. If the circumstances are serious, the criminal responsibility of the other party shall be investigated according to the crime of stirring up trouble.
According to the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Defamation by Using Information Network, those who abuse or intimidate others by using information network, if the circumstances are vile and disturb 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.
When threatened by others, we must first understand three things:
First, who is threatening me?
Especially anonymous threats, you have to find them yourself. Whether you accidentally offended someone on weekdays, according to the tone of voice, handwriting, threat content and all other evidence that can be captured, it is very likely to make an accurate guess.
Second, why did the other party threaten me?
Find out who is threatening me, and this question will have a train of thought.
Third, whether the other party will really carry out intimidation.
This question is a bit difficult to answer. It depends not only on what the intimidator usually does and how his personality is, but also on whether I really aroused his great hatred there, and also on the specific circumstances when the other party threatened me, such as whether he was drunk, encouraged by others, or whether the other party (or his family) suffered some major changes.
What is the legal responsibility of the threatening person?
(1) Article 42 of the Law on Public Security Administration Punishment shall be detained for not more than five days or fined not more than five hundred yuan for any of the following acts; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
1, writing threatening letters or threatening the personal safety of others by other means;
2. Publicly insulting others or fabricating facts to slander others;
3. Fabricating facts and falsely accusing others in an attempt to subject others to criminal investigation or public security administration punishment;
4. Threatening, insulting, beating or retaliating against witnesses and their close relatives;
5. Sending obscene, insulting, threatening or other information for many times, interfering with the normal life of others;
6. Peep, sneak shot, eavesdrop and spread others' privacy.
(2) If the circumstances are serious, it is suspected of provoking trouble. Article 293 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts:
1, beating others at will, and the circumstances are bad;
2. Chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;
4. Gathering people to make trouble in public places, causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Under normal circumstances, making threats without causing personal safety threats does not constitute a crime, but it can be punished by public security. At this time, we can call the police. If the circumstances are serious, those suspected of constituting the crime of stirring up trouble will be sentenced.
What if online chat is threatened? 2 what should I do if I encounter a threat?
Stay calm and calm.
When you encounter a threat, you should first keep a cool head, face it calmly, and think carefully about why the other party is threatening you, whether it is some fraudulent means or something really about yourself. You should think clearly, and don't panic and lose your mind.
Find the purpose of the other party's threat.
For the threat of the other party, you must think clearly about the other party's purpose, and then your brain will run quickly and determine the treatment plan in time. Speaking of personal safety, I personally think safety is the first priority. Don't hurt yourself for some money.
Consult a lawyer for a solution.
If someone threatens to intimidate himself, we might as well ask a lawyer for a solution to this matter. It is fair and reasonable to solve problems through law. Don't compromise blindly, the benefits obtained in this way are all fraudsters, so that we can have confidence in our hearts and won't be scared by threats.
Seek the help of the police.
This is a very effective treatment method. Some people threaten to intimidate themselves, and from this point, they violate the law. You'd better ask the police if there is anything wrong. They have not broken the law, so they need not be afraid of anything. Just like some online scams, they attack people's psychology through threats and intimidation. You tell him to call the police and make sure he won't bother you.
Always pay attention to the surrounding risk factors.
If you receive a threat, you should always pay attention to the surrounding situation and enhance your awareness of safety precautions. The main thing is to observe the surrounding risk factors and have certain adaptability, so as to better protect your personal safety.
Live in a different environment and change your mobile phone number.
If the threat can't be solved for a while, then it is suggested to change the environment and change the contact information of your mobile phone number, so that some people can't easily find you and you can live a quiet life. There is no way. After all, reassuring yourself is the main thing.
What if online chat is threatened? How to protect yourself from network infringement?
1, keep the evidence in time. When the infringed finds that his rights have been infringed on the Internet, he should keep the webpage in time, pay attention to the continuity of time, and it is best to preserve the evidence by notarization.
2. Considering the concealment of the network, if it is difficult to determine the true identity of the infringer, the infringed can directly sue the network service provider. After the prosecution, the court will order the network service provider to provide the personal information of the network user suspected of infringement;
3. Pay attention to jurisdiction. Internet copyright infringement disputes shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile. Infringement sites include the locations of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's domicile, the location of the computer terminal and other equipment where the plaintiff found the infringing content can be regarded as the place of infringement.
Infringement disputes involving domain names shall be under the jurisdiction of the intermediate people's court in the place where the infringement occurred or the defendant's domicile. If it is difficult to determine the place of infringement and the defendant's domicile, the plaintiff may consider the place of infringement as the location of the computer terminal and other equipment of the domain name.
4. Pay attention to the restrictions of action. The limitation of action for network infringement is two years. If a lawsuit is filed after the limitation of action, the court will not support the plaintiff's claim. However, if the infringement still exists at the time of prosecution, the court may decide to stop the infringement.
Knowledge link: What behaviors belong to network infringement?
1, using the information network to infringe upon other people's personal rights and interests such as name, reputation, honor, portrait and privacy;
2. Internet users or network service providers use the Internet to disclose personal privacy and other personal information, such as genetic information, medical records, health examination materials, criminal records, home addresses, private activities, etc. Causing damage to others to a natural person;
3. Internet users or network service providers disclose information disclosed by natural persons on the Internet or other personal information that has been disclosed according to law in a way that violates public interests and social morality;
4. Internet users or network service providers disclose personal information obtained through legal channels in a way that violates social public interests and social morality;
5. The disclosure of this information infringes on the significant interests of the obligee and should be protected;
6. Internet users or network service providers use libel, slander and other means to damage the public's trust in business entities and reduce the social evaluation of their products or services;
7, network users or network service providers according to the information released by information sources such as documents made by state organs ex officio, publicly implemented behavior, one of the following circumstances:
(1) The information released by network users or network service providers is inconsistent with the contents of the above information sources;
(2) Internet users or network service providers mislead others by adding insulting content, defamatory information or inappropriate titles, or by adding or deleting information, adjusting the structure or changing the order.
(3) The aforesaid information source has been publicly corrected, but the network user refuses to correct it or the network service provider refuses to correct it;
(4) The above-mentioned information sources have been publicly corrected, and the network users or network service providers still publish the information before correction.
8. Hire, organize, instruct or help others to publish and forward network information.