According to the Criminal Law of People's Republic of China (PRC), the crime of libel refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and reputation of others, and the circumstances are serious. Subjectively, this crime must be intentional. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results will happen. The actor's purpose is to discredit others. If the actor misunderstands false facts as true facts and spreads them, or spreads some false facts for the purpose of damaging the reputation of others, it does not constitute libel.
Defamation treatment:
1. The defamed person may bring a lawsuit to the people's court, and the people's court may decide the infringer to stop the infringement, eliminate the influence and apologize according to the actual situation;
2. If actual losses are caused to the defamed person, compensation may be given.
Elements of slander:
1, object element. The object of this crime is the same as the crime of insult, which is the personal dignity and reputation right of others. The object of criminal infringement is a natural person;
2. objective factors. The objective aspect of this crime is that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious;
3. Main elements. The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. Subjective factors. Subjectively, this crime must be intentional. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results will happen.
To sum up, libel is a kind of crime in law, and it needs to meet certain conditions to constitute libel.
Legal basis:
Article 246th of the Criminal Law of People's Republic of China (PRC)
Insulting or slandering others openly by violence or other means or fabricating facts to slander others. If the circumstances are serious, they 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.