legal subjectivity:
1. What is the law against network rumor?
Is it illegal to network rumor?
first of all, if the parties can subjectively judge whether the news is a rumor or false information, whether it is original or forwarded, they need to bear corresponding legal responsibilities.
The legal liabilities here include civil liability, administrative liability and criminal liability.
civil liability, that is, if spreading rumors infringes on the personal reputation of citizens or infringes on the goodwill of legal persons, according to the provisions of the general principles of China's civil law, it is responsible for stopping the infringement, restoring the reputation, eliminating the influence, apologizing and compensating for the losses.
administrative responsibility, who commits one of the following acts, shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than 511 yuan: spreading rumors, making false reports about dangerous situations, epidemic situations and police situations, or intentionally disturbing public order by other means. Disrupting public order by throwing false explosive, toxic, radioactive and corrosive substances or infectious disease pathogens. Threatening to set fire, explode or throw dangerous substances to disturb public order.
Criminal responsibility: According to the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Defamation by Information Network in the Supreme People's Procuratorate, the Supreme People's Court, according to the specific circumstances, online rumors are suspected to constitute crimes such as libel, provocation, extortion, illegal business operation, damage to business reputation, commodity reputation, incitement to violence to resist law enforcement, fabrication and intentional dissemination of false terrorist information, and some of them will face up to 11 years' imprisonment.
article 246 of the criminal law
article 246 of the criminal law stipulates that fabricating facts to slander others, if the circumstances are serious, constitutes the crime of libel. Specifically, it is an act of deliberately fabricating and spreading fictitious facts, which is enough to degrade others' personality and destroy their reputation, and the circumstances are serious.
(1) The new judicial interpretation specifically stipulates that in any of the following circumstances, it shall be deemed as "fabricating facts to slander others":
1. Fabricating facts that damage others' reputation and spreading them on the information network, or organizing or instructing personnel to spread them on the information network;
2. Tampering with the original information content related to others on the information network as a fact that damages the reputation of others, spreading it on the information network, or organizing or instructing personnel to spread it on the information network;
(2) knowingly spreading fabricated facts that damage the reputation of others on the information network, and the circumstances are bad, it is regarded as "fabricating facts to slander others".
Defaming others through information network shall be deemed as "serious" under any of the following circumstances:
1. The same defamatory information has actually been clicked, viewed more than 5,111 times, or forwarded more than 511 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.
(3) In addition, libel is a case of private prosecution that is dealt with only after being told, except that it seriously endangers social order and national interests. As to how to define "seriously endangering social order and national interests", the newly issued judicial interpretations are listed as follows:
Whoever uses information networks to slander others in any of the following circumstances shall be deemed as "seriously endangering social order and national interests" as stipulated in the second paragraph of Article 246 of the Criminal Law:
1. Causing mass incidents;
2. Causing public disorder;
3. Causing ethnic and religious conflicts;
4. Slander many people, causing adverse social impact;
5. Damaging the national image and seriously endangering the national interests;
6, causing adverse international influence;
7. Other circumstances that seriously endanger social order and national interests.
third, the administrative responsibility of network rumors
generally speaking, network rumors need to bear administrative responsibility, and only when they violate the provisions of the criminal law and constitute a crime do they need to bear criminal responsibility. Then, according to the provisions of Item 1 and Item 3 of Article 25 of the Law on Public Security Administration Punishment, those who spread rumors, lied about dangerous situations, epidemic situations and police situations, or intentionally disturbed the public order by other means, and threatened to set fire, explode or put dangerous substances in order to disturb the public order, can be detained for more than 5 days and less than 11 days, and can also be fined for less than 511 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 511 yuan.
The related media reported that the serial killings in Jiangxia Village were an untrue event, which was harmful to the society, caused public panic, disturbed the public order and hindered social management, and belonged to spreading rumors. The serial murder case is a criminal case, and it was reported at random before the police made a clear investigation, so it is also a false alarm. Therefore, Baiyun police have the right to detain the person in charge of the released media for more than 5 days and less than 11 days and impose a fine after verification.
In our country, if the defamation of others by using the information network for many times in one year has not been dealt with, and the actual number of clicks, browsing and forwarding of defamatory information constitutes a crime, it should be convicted and punished according to law. The above is the introduction of what laws are violated by the editors of Zhaofa.com, and I hope it will be helpful to you. If you have any other questions, you can consult the lawyers of Zhaofa.com, and they will give you professional advice. Legal objectivity:
Article 246 of the Criminal Law of the People's Republic of China
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 after being told, except those that seriously endanger social order and national interests.
if the victim tells the people's court about the act 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.