Whether the libel alarm can be filed depends on whether the circumstances of the parties are serious. The criteria for filing a case are as follows:
1. The perpetrator fabricates facts to slander others, and if the circumstances are serious, it constitutes a crime of defamation, which belongs to the jurisdiction of the public security organ and is investigated by the public security organ;
If one party is slandered, he can call the police. After accepting a case, the public security organ shall file a case if it considers that the perpetrator constitutes a crime of libel. If the perpetrator fabricates facts and slanders others, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights;
If you are abused, you can file a criminal complaint with the public security organ. If the degree of abuse is very serious, such as long-term abuse, fabricated facts abuse or violent abuse, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses. This situation belongs to a criminal case, so it cannot be directly prosecuted in court, and it needs to be prosecuted in public security organs. Be insulted and infringe on the personality rights of others. Mainly refers to the right of reputation.
What should I do if I am rumored and there is no evidence?
If the rumor has no evidence, the victim can collect witness testimony; If an actor or a person in contact with the rumor maker admits the rumor, he shall keep relevant evidence; Those who spread rumors on the Internet may ask the public security organs for assistance.
Article 246 of the Criminal Law stipulates that whoever 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.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 42 of People's Republic of China (PRC) Public Security Administration Punishment Law.
One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; 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, 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.