According to the provisions of Amendment (IX) of the Criminal Law, one paragraph is added to Article 291 of the Criminal Law as the second paragraph: whoever fabricates false danger, epidemic situation, disaster situation and warning information and spreads it on the information network or other media, or knowingly spreads it on the information network 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.
One of Article 291 of the Criminal Law of People's Republic of China (PRC), which was revised in 2009, puts in false explosive, toxic, radioactive, infectious disease pathogens and other substances, or fabricates terrorist information such as explosion threat, biochemical threat and radiation threat, or spreads it knowing that it is fabricated terrorist information, which seriously disrupts social order, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than five years.
2. 20 15 1 1, and the criminal law amendment (IX) will be formally implemented. According to this newly revised law, publishing false news on WeChat and Weibo in the future can be punished by up to seven years' imprisonment.
1, civil liability
Internet rumors often infringe on the right of portrait, reputation and reputation of natural persons. And these infringements often need to bear the responsibility of eliminating the influence and compensating for the losses. Relevant laws stipulate: "If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology, and may demand compensation for losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply. "
2. Administrative responsibility.
Spreading rumors that disturb public order or slander others does not constitute a crime. According to the relevant provisions of the Law on Public Security Administration Punishment, those who deliberately use the Internet to spread rumors and disrupt public order, or publicly insult or slander others, which do not constitute a crime, will be subject to administrative penalties such as detention and fines.
3. Criminal responsibility.
According to the provisions of the Criminal Law, fabricating a false epidemic situation or disaster situation and spreading it on the information network or other media, or spreading it on the information network or other media knowing that it is the above false information, seriously disrupting social order. The corresponding punishment will be given according to the size of the harm. There are many crimes that may be committed in criminal offences involving online rumors. The common crimes in practice are mainly the crime of fabricating and deliberately spreading false terrorist information, the crime of gathering people to disturb the order of public places, the crime of stirring up trouble and the crime of extortion.
Extended data
Internet rumors can be divided into the following categories:
1. The first category is network rumors that endanger China's national security, national unity and national defense interests.
Article 103 of the Criminal Law stipulates that inciting secession and undermining national unity constitutes the crime of inciting secession. Article 105 stipulates that inciting subversion of state power or overthrowing the socialist system by rumors, slander or other means constitutes the crime of inciting subversion of state power. Article 249 stipulates that incitement to national hatred or discrimination, if the circumstances are serious, constitutes the crime of incitement to national hatred or discrimination. Article 373 stipulates that inciting soldiers to flee from the army, if the circumstances are serious, constitutes the crime of inciting soldiers to flee from the army.
2. The second category is network rumors that endanger the implementation of laws or undermine social stability.
Article 278 of the Criminal Law stipulates that inciting the masses to violently resist the implementation of national laws and administrative regulations constitutes the crime of inciting violence to resist the implementation of laws. Article 29 1- 1 stipulates that fabricating terrorist information such as explosion threat, biochemical threat, radiation threat, or intentionally spreading it knowing that it is fabricated terrorist information, which seriously disrupts social order, constitutes the crime of fabricating and intentionally spreading false terrorist information.
3. The third category is online rumors that infringe upon the reputation and honor rights of citizens, legal persons and other organizations.
Article 221st of the Criminal Law stipulates that fabricating and spreading false facts, which damages others' business reputation and commodity reputation, causes heavy losses to others or has other serious circumstances, constitutes the crime of damaging business reputation and commodity reputation. Article 246th of the Criminal Law stipulates that fabricating facts to slander others, if the circumstances are serious, constitutes the crime of libel.
4. In addition, Article 15 of the Measures for the Administration of Internet Information Services also stipulates that Internet information service providers shall not produce, copy, publish or disseminate information that endangers national security, national unity, religious policies, social order or insults or slanders others.