Recently, some netizens exposed on the Internet that a boy from the University of South China was malicious and used indecent photos of women to "compete" for profit online.
On March 2 1 day 12, the official Weibo of the University of South China issued a notice saying that after investigation and verification, the student He Moumou of the school had violated the law and the public security organ had made a decision on administrative punishment. According to the relevant regulations of the school, the student is now expelled, and the follow-up will be handled according to the procedures.
Some netizens found that He Moumou had previously obtained the qualification of China University of Science and Technology to accept insurance graduate students. On March 2 1 day, China University of Science and Technology responded that it would cancel He Moumou's admission qualification in 2023 according to regulations, and the subsequent procedures would be followed.
"When you say that a woman is a lady, whether she is or not, she is already." This is a line from the recently released movie "Keep You Safe". The film revolves around a girl, Lu Han, who died of illness but was slandered. The film vividly restores "spreading rumors and breaking her legs" with absurd and humorous plots.
Because the girl has passed away, the film did not create too much grief, but when the plot of the film shines into reality, there are countless bloody facts behind the absurd story.
From "girls commit suicide after being exposed to powder" to Suzhou University boys making pornographic rumors of female students, and then to South China University boys PS female students making indecent pictures for profit, what will be the consequences of an outspoken online pornographic rumor? Malicious p Huang Tu, making yellow rumors, what kind of legal responsibility should he bear?
Legal problems in the creation of yellow songs
The so-called pornographic rumors generally refer to rumors that someone is pornographic, which are mostly related to pornographic content. Li Jingyi, a partner of Beijing Jiarun Law Firm, said in an interview that the legal issues involved in making pornographic rumors can be analyzed from three aspects: civil, criminal and administrative.
The first is the civil aspect, which may infringe on the victim's right to portrait, privacy and reputation. For example, using ugliness, defacing, or using information technology to forge. , suspected of infringing the right to portrait; Making obscene rumors by insulting means, which involves infringement of the right of reputation; In addition, if it violates the peace of private life of natural persons and private space, private activities and private information that others don't want to know, it is suspected of violating privacy.
Secondly, the administrative level, violation of the law on public security administration punishment may be subject to administrative punishment. Article 42 of China's current Law on Public Security Administration Punishment stipulates that acts of openly insulting, fabricating facts to slander others, and acts of repeatedly sending obscenity, insult, intimidation or other information to interfere with the normal life of others should be punished. If the circumstances are serious, the perpetrator may be detained for more than five days and less than ten days, and administrative punishment may be imposed with a fine.
Finally, at the criminal level, it may be suspected of insulting crimes, libel crimes and spreading obscene articles. Using insulting words to make obscene rumors about the victim's photos, distorting the victim's image, openly insulting others, fabricating facts and slandering others, depending on the seriousness of the case, may be suspected of insulting and slandering.
At the same time, rumors upload obscene information to third-party platforms and disseminate obscene information, which may be suspected of spreading obscene articles. If it is for profit, it may also be suspected of spreading obscene articles for profit.