First, how to punish and sentence the crime of network rumors
Article 32 of the Criminal Law Amendment (IX) stipulates that one paragraph is added to Article 291 of the Criminal Law as the second paragraph: "Whoever creates a false danger, epidemic situation, disaster situation or police situation and spreads it on the information network or other media, or knowingly spreads it on the information network or other media, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "
Second, the administrative punishment of online rumors
Those who spread rumors, falsely report dangerous situations, epidemic situations or police situations, or intentionally disturb public order by other means, or openly insult others or fabricate facts to slander others, which do not constitute a crime, shall be given administrative penalties such as detention and fines in accordance with the Law on Public Security Administration Punishment.
Article 25 of the Law on Public Security Administration Punishment stipulates: "Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan:
(a) spreading rumors, lying about dangerous situations, epidemic situations, police situations or deliberately disturbing public order by other means;
(two) throwing fake explosions, toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances to disturb public order;
(3) Threatening to set fire, explode or throw dangerous substances to disturb public order. "
Third, the civil liability of network rumors.
If spreading rumors infringes on a citizen's personal reputation or infringes on the goodwill of a legal person, according to the provisions of China's General Principles of the Civil Law, it shall bear the responsibility of stopping the infringement, restoring the reputation, eliminating the influence, making an apology and compensating for the losses.
4. How many times can a post rumor be forwarded and sentenced?
According to the first paragraph of Article 246 of the Criminal Law, 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.
Judicial interpretation stipulates that in 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: First, fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or instructing personnel to spread them on the information network; The second is to tamper with the original information content involving others on the information network as a fact that damages others' reputation and spread it on the information network, or organize and instruct personnel to spread it on the information network; In addition, 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".
At the same time, the judicial interpretation also clarified the standard of using information network to carry out defamation, that is, "plot"