1, insulting others in Tik Tok, generally the circumstances are minor, and the case will not be filed.
2. If Tik Tok's swearing constitutes an insult, you can file a case. According to the law, anyone who uses violence or other means to openly degrade his personality and damage the reputation of others, if the circumstances are serious, shall be investigated for the crime of insult.
Both conditions must be met:
1, criminal facts. Filing a case for investigation must be an act that constitutes a crime in accordance with the provisions of the criminal law. Filing a case should and can only be carried out for criminal acts. If it's not a crime, you can't file a case. There are no criminal facts, or according to the provisions of Article 16 1 of the Criminal Procedure Law, there are illegal acts that endanger society, but the circumstances are obviously minor and the harm is not great, so the case shall not be filed.
2. There must be certain factual materials to prove that criminal facts have indeed occurred, including criminal acts that have been implemented, are being implemented and are preparing for crimes.
The need to investigate criminal responsibility means that criminals should be investigated for criminal responsibility according to law. Only the criminal facts that need to be investigated for criminal responsibility according to law, when the criminal facts happen and need to be investigated for criminal responsibility according to law, are necessary and should be put on file.
Legal basis:
Criminal law of the people's Republic of China
Article 246
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.
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.