Defamation means: destroy people with false words. Fabricating facts, spreading statements damaging others' reputation, and causing damage to others, but not reaching the severity of the crime of libel, in our country, we should bear civil tort liability according to Article 120 of the General Principles of the Civil Law: "Citizens whose rights of name, portrait, reputation and honor are infringed have the right to demand to stop the infringement, restore their reputation, eliminate the influence, apologize and compensate for the losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply. " It can be seen that when the infringement of reputation right is determined, the victim does not need to prove that the infringer is "true and malicious" because the infringer is the news media. Generally speaking, a subject with civil capacity objectively and purposefully produces information to slander the reputation of others, and subjectively and intentionally spreads it, which can be regarded as infringement. The victim may bring a civil lawsuit to the court where the infringement occurred or where the result occurred. To determine the crime of libel, we should pay attention to the following contents:
1。 Defamation must spread fabricated false facts. If it is not a false fact, it generally does not constitute a crime.
2。 The object of libel crime does not include legal persons, groups and organizations;
3。 Subjectively, the actor is intentional.
Where defamatory information is posted on the Internet, the same defamatory information has actually been clicked, viewed more than 5000 times, or forwarded more than 500 times; Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives; Having received administrative punishment for libel within two years and slandering others; Other serious circumstances. According to the "Public Security Administration Punishment Law", anyone who commits one of the following acts shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, he 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: (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, falsely accusing and framing others, and attempting 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, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others. China's criminal law stipulates that anyone who publicly insults others or fabricates facts to slander others by violence or other means, 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 179th of the Civil Code of People's Republic of China (PRC)
The main ways to bear civil liability are:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(six) repair, rework and replacement;
(7) continue to perform;
(8) Compensation for losses;
(9) Paying liquidated damages;
(ten) to eliminate the influence and restore the reputation;
(eleven) apologize.
Where the law provides for punitive damages, such provisions shall prevail.
Article 246th of the Criminal Law of People's Republic of China (PRC)
The first paragraph stipulates that 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.