The standard of filing a case for libel
1. According to Article 246 of the Criminal Law, anyone suspected of publicly insulting others by violence or other means, if the circumstances are serious, shall be placed on file.
2. The crime of insult is a plot crime. The behavior of the perpetrator who publicly insults others must reach a serious level before it constitutes a crime and shall be investigated.
Personal recommendation
The sentencing of libel has always been the focus of public attention. For the crime of libel, it refers to the act of deliberately fabricating and spreading fictional facts, which is enough to degrade the personality and damage the reputation of others. Whoever commits defamation shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention control or deprivation of political rights. If it has been handled after notification, but it seriously endangers social order and national interests, it needs to bear relevant legal responsibilities according to law.
legal ground
In order to protect the legitimate rights and interests of citizens, legal persons and other organizations, and maintain social order, according to the Criminal Law of People's Republic of China (PRC) and the Decision of NPC Standing Committee on Maintaining Internet Security, some issues concerning the application of law in handling criminal cases such as libel, affray, extortion and illegal business operations by using information networks are explained as follows:
Article 1 Under any of the following circumstances, it shall be deemed as "fabricating facts to slander others" as stipulated in the first paragraph of Article 246 of the Criminal Law.
1. Fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or instructing people to spread them on the information network.
2. Tampering the original information content involving others on the information network into facts that damage the reputation of others, spreading it on the information network, or organizing or instructing personnel to spread it on the information network.
Knowing that it is a fabricated fact that damages the reputation of others and spreads it on the information network, if the circumstances are bad, it is regarded as "fabricating facts to slander others".
Article 2 Whoever uses the information network to slander others in any of the following circumstances shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 246 of the Criminal Law.
1. The same defamatory information has actually been clicked, viewed more than 5000 times, or forwarded more than 500 times.
2. Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives.
3. Having received administrative punishment for libel within two years and slandering others.
4. Other serious circumstances.