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French girl user consultation:
What are the rules about cyber violence?
The lawyer's answer:
Cyber violence is a form of violence, which refers to insulting, attacking, insulting and slandering some people and things with the help of the Internet, and threatening the privacy, personal safety and normal life of the parties or having some adverse effects. Cyber violence will damage the reputation of the parties, which breaks the moral bottom line and is often accompanied by infringement and illegal and criminal acts. Cyber violence can call the police. Cyber violence that openly insults others or fabricates facts to slander others, and repeatedly sends obscenity, insults, threats or other information to the extent that it interferes with the normal life of others, you can call the police.
The criteria for filing cyber violence are: using information networks to commit violent acts, fabricating facts and slandering others' reputation rights. If the circumstances are serious, it will constitute a criminal offence and can be investigated for criminal responsibility. Whoever publicly insults others by violence or other means 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, 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.
The lawyer added:
Cyber violence is a form of violence with serious harm and bad influence. It refers to a kind of speech, words, pictures and videos published by netizens on the Internet with five characteristics of "libel, slander, infringement of reputation, damage to rights and interests and incitement". This kind of speech, words, pictures and videos will damage the reputation, rights and spirit of others, and people are used to calling it "cyber violence". Cyber violence will damage the reputation, rights and spirit of the parties concerned, which breaks the moral bottom line, often accompanied by infringement and illegal and criminal acts, and needs to be regulated by means of education, moral restraint and law.
China's civil code clearly stipulates that citizens and legal persons enjoy the right of reputation, and citizens' personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he apologize, and he may demand compensation for losses. Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear the tort liability.
The lawyer's conclusion:
The network is not a place of extra-legality, and the network environment needs the common maintenance of all netizens.