1. What laws have Internet rumors violated?
Is it illegal to make rumors online?
First of all, if the parties can subjectively judge that the news is a rumor or false information, whether it is original or forwarded, they need to bear corresponding legal responsibilities.
The legal responsibilities here include civil responsibility, administrative responsibility and criminal responsibility.
Civil liability, that is, spreading rumors infringes on the personal reputation of citizens or infringes on the goodwill of legal persons, is responsible for stopping the infringement, restoring the reputation, eliminating the influence, apologizing and compensating for the losses according to the provisions of the General Principles of the Civil Law of China.
Administrative responsibility, 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 minor, they shall be detained for not more than five days or fined not more than 500 yuan: spreading rumors, falsely reporting dangerous situations, epidemic situations or police situations, or intentionally disturbing public order by other means. Throwing false explosive, toxic, radioactive and corrosive substances or infectious disease pathogens to disturb public order. Threatening to set fire, explode or throw dangerous substances to disturb public order.
Criminal Responsibility: According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Defamation by Using Information Network, 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, inciting violence to resist law enforcement, fabricating and deliberately spreading false terrorist information, and some of them will face imprisonment of less than 10 years.
Two. Article 246 of the Criminal Law on the crime of network rumor
Article 246th 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 fictional 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 under any of the following circumstances, it shall be deemed as "fabricating facts to slander others":
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;
(two) knowing that it is a fabricated fact, spreading statements that damage the reputation of others on the information network, if the circumstances are bad, should be considered as "fabricating facts to slander others."
Using information network to slander others, under any of the following circumstances, shall be deemed as "serious":
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. Being subject to administrative punishment for libel within two years, and defaming others;
4. Other serious circumstances.
(3) In addition, the crime of libel is a private prosecution case that is handled only after being told, except that it seriously endangers social order and national interests. Regarding how to define "seriously endangering social order and national interests", the newly issued judicial interpretations are listed as follows:
Using information network to slander others, under any of the following circumstances, shall be deemed as "seriously endangering social order and national interests" as stipulated in the second paragraph of Article 246th 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 serious harm to social order and national interests.
Third, the administrative responsibility of network rumors.
Generally speaking, online 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 public order by other means, and threatened to disturb public order by setting fire, exploding or releasing dangerous substances, can be detained for more than 5 days and less than 10 days, and can also be fined for less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan.
The related media reported that the serial murder case in Jiangxia Village was a false event with social harm, which caused public panic, disturbed public order and hindered social management, and belonged to spreading rumors. Serial homicide is a criminal case, and it is reported at will before the police investigate it clearly, so it is also a false alarm. Therefore, Baiyun police have the right to detain the person in charge of the publishing media for more than 5 days 10 days, and impose a fine after verification.
In our country, the act of slandering others by using information network for many times in one year has not been dealt with, and the number of times that defamatory information is actually clicked, browsed and forwarded is counted cumulatively, which constitutes a crime, and should be convicted and punished according to law. The above is the introduction of which laws the editor of Zhaofa.com violated, and I hope it will help you. If you have any other questions, you can consult the lawyers in Zhaofa.com, and they will give you professional advice.
Legal objectivity:
Article 25 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than 500 yuan: (1) spreading rumors, falsely reporting dangerous situations, epidemic situations or police situations or intentionally 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. Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, 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. 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.