1. Defamation
According to Article 246 of the "Criminal Law of the People's Republic of China", the crime of defamation refers to defaming or falsely accusing others by fabricating facts or other methods. Or the act of making false accusations and frame-ups. If the perpetrator's conduct is minor and constitutes a minor crime of defamation, the maximum penalty is criminal detention or a fine; if the circumstances are serious and it constitutes a crime of defamation, the maximum penalty is fixed-term imprisonment of not more than three years, criminal detention, or a fine.
When convicting, the following aspects need to be considered:
(1) The perpetrator’s subjective intention: that is, the perpetrator deliberately slanders, slanders, and falsely accuses others, and does not do so unintentionally or through negligence .
(2) Authenticity of speech: If the speech is true, even if the other party feels uncomfortable or dissatisfied, it does not constitute defamation.
(3) Publicity of speech: If the speech is only made in private and not made public, it does not constitute defamation.
2. The crime of insult
According to Article 245 of the "Criminal Law of the People's Republic of China", the crime of insult refers to insulting the human dignity of others through language, writing or other methods. Behavior. If the offender's behavior is minor and constitutes a slight insult, the maximum penalty is criminal detention or a fine; if the circumstances are serious and constitutes the crime of insult, the maximum penalty is fixed-term imprisonment of not more than three years, criminal detention, or a fine.
When convicting, the following aspects need to be considered:
(1) The perpetrator’s subjective intention: that is, the perpetrator intentionally insults the human dignity of others and does not do so unintentionally or through negligence.
(2) Mode of speech: If the speech is expressed in a polite manner, even if the other party feels uncomfortable or dissatisfied, it does not constitute an insult.
In short, defamation and insult are crimes under criminal law, and the criteria for conviction need to consider the subjective intention of the perpetrator, the authenticity of the speech, the publicity of the speech, and the manner of the speech. If you encounter such a problem, it is recommended that you consult a professional lawyer in time to better understand your rights and obligations.
Legal basis:
Article 246 of the "Criminal Law of the People's Republic of China"
Use violence or other methods to publicly insult others or fabricate facts to slander others , 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.
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 organs to provide assistance.
Article 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Defamation Using Information Networks".
If any of the following circumstances occurs, it shall be deemed as "fabricating facts to slander others" as stipulated in the first paragraph of Article 246 of the Criminal Law:
(1) Fabrication to harm others Facts about reputation are disseminated on the information network, or organized or instigated personnel to disseminate on the information network;
(2) Tampering the original information content involving others on the information network into facts that harm the reputation of others, Spreading on information networks, or organizing or instigating people to spread on information networks;
If facts that are knowingly fabricated and harming the reputation of others are spread on information networks, and the circumstances are egregious, they will be regarded as "fabricated facts" defaming others”.
Article 2 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Defamation Using Information Networks".
Anyone who uses information networks to slander others under any of the following circumstances shall be deemed to be a "serious case" as stipulated in the first paragraph of Article 246 of the Criminal Law:
(1) ) The same defamatory information has actually been clicked, viewed more than 5,000 times, or forwarded more than 500 times;
(2) Caused serious consequences such as mental disorder, self-mutilation, suicide, etc. to the victim or his close relatives;< /p>
(3) Defaming others within two years of receiving administrative punishment for defamation;
(4) Other serious circumstances.