1. According to Article 42 of the "Public Security Administration Punishment Law", anyone who commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, he shall be fined not less than five days but not more than ten years. Detention for not more than 50 days and a fine of not more than 500 yuan may be imposed:
(1) Anyone who writes threatening letters or uses other methods to threaten the personal safety of others.
(2) Publicly insulting others or fabricating facts to slander others.
(3) Fabricating facts, making false accusations and framing others, in an attempt to subject others to criminal prosecution or public security management penalties.
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives.
(5) Sending obscene, insulting, threatening or other messages multiple times to interfere with the normal life of others.
(6) Peeping, filming, eavesdropping or disseminating other people’s privacy.
2. According to Article 246 of the "Criminal Law", whoever openly insults others by violence or other methods 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, or public surveillance or deprivation of political rights.
Except for crimes in the preceding paragraph that seriously endanger social order and national interests, they will only be dealt with if they are informed. If the victim informs the people's court of the behavior specified in paragraph 1 through the information network, but it is really difficult to provide evidence, the people's court may request the public security agency to provide assistance.
Extended data:
1. Objective aspects of the crime of defamation:
1. There must be fabrication of certain facts, that is, the content of defamation of others is completely fictional. If the facts spread are not fabricated out of thin air but exist objectively, it does not constitute this crime even if it damages the personality and reputation of others.
2. There must be spreading and fabricating facts. The so-called communication refers to public communication in society. There are basically two ways of communication, one is text communication; the other is text, which is distributed through posters, small print posters, pictures, newspapers, books, letters, etc.
The so-called "sufficiently derogatory" refers to fabricated and spread false facts that may completely disparage the personality and reputation of others, or have actually caused actual damage to the victim's personality and reputation.
If false facts are spread, but it is unlikely to damage the personality and reputation of others, or will not damage the personality and reputation of others, it does not constitute defamation.
3. The defamation must be directed at a specific person, but it does not have to be named. It is enough to know who the victim is from the content of the defamation.
Can constitute defamation. If the facts spread by the perpetrator have no specific target and are unlikely to disparage someone's personality and reputation, they cannot be prosecuted for defamation.
4. The act of fabricating facts to slander others must be serious to constitute this crime. Although there is fabrication of facts to slander others, if the circumstances are not serious, this crime cannot be punished.
The so-called serious circumstances mainly refer to fabricating facts to slander others multiple times; fabricating facts to cause serious damage to the personality and reputation of others; fabricating facts to slander others and causing adverse effects; slandering others to cause the victim to suffer mental illness Insanity or suicide, etc.
2. The difference between defamation and false accusation:
The crime of defamation (Article 246 of the Criminal Law) refers to the deliberate fabrication and dissemination of fictitious facts that are enough to demean the personality of others. , behaviors that damage the reputation of others and the circumstances are serious. The difference between slander and false accusation is as follows:
1. The behaviors are different. False accusations and frame-ups are reported to government agencies and relevant departments, while defamation is disseminated publicly or to third parties.
2. The subjective aspects are different. The intention of false accusation and frame-up is to subject others to criminal punishment, while slander is to damage the personality and reputation of others.
3. The fabricated facts are different. False accusation and frame-up are fabricated criminal facts, while defamation is fabricated facts that can damage the personality and reputation of others.
3. Relevant knowledge:
Even if some online reports are untrue, it does not constitute defamation. It does not conflict with "online anti-corruption". When netizens report or expose other people's illegal and disciplinary behavior through information networks, relevant departments should take it seriously, verify it responsibly, and publish the investigation results in a timely manner.
Even if the content reported or exposed is untrue, as long as the facts are not intentionally fabricated to slander others, or the facts are not knowingly spread on the information network to damage the reputation of others, they should not be held criminally liable for defamation. .
Fourth, identification of Internet defamation
In Internet defamation, one of the elements of defamation is whether the method chosen by the defamer to transmit information is normal and whether it can prevent a third party from doing so. human contact.
We can assume several situations. The first situation is that the sender chooses email, and only one person knows the recipient address, which is a purely private mailbox.
In the second case, you also choose to send it by email, but the receiving address can be several people, maybe people in an organization have the same email address. The third situation is to make a web page for people to browse and so on.
According to general legal judgment, the second or third method of communication above may constitute defamation, but the first method does not constitute defamation. In the first case, even the recipient himself may not see it.
If a relative opens the mailbox out of curiosity and sees the defamatory content, it does not constitute defamation, because the target of the information disseminator is only the recipient himself, and other circumstances are unpredictable.
Therefore, subjectively there is no intention to spread the defamatory content to a third party other than the target. In the second case, the information disseminator may defend himself by claiming that he does not know whether the email address belongs to one person or several persons.
In this case, it depends on how far you can foresee given the information you have at the time. If there are facts that prove that the person who spread the defamatory information knows that the email address belongs to several people, it can be deemed that the information was intentionally made public.
In the third case, as long as the defamatory content is placed on the web page, no matter how the disseminator of the information excuses that the web page has not been viewed, it will inevitably constitute defamation.
Baidu Encyclopedia - People's Republic of China * * * and Public Security Administration Punishment Law
Baidu Encyclopedia - People's Republic of China and Chinese Criminal Law