On August 13, Yuhang Branch of Hangzhou Public Security Bureau issued a warning notice, saying that Lang and He fabricated chat content and sent screenshots to WeChat group, which caused adverse social impact. According to the corresponding laws and regulations, the police imposed administrative detention penalties on the two respectively.
On June 26th, 10, Ms. Gu filed a criminal private prosecution with the Yuhang District People's Court in Hangzhou. Yuhang District People's Court of Hangzhou decided to file a case on February 6 14, requesting Yuhang District Branch of Hangzhou Public Security Bureau to provide assistance according to law.
The procuratorate believes that during this period, relevant video materials were further spread and fermented on the Internet, and the case situation changed. The behavior of Lang and He not only damaged the victim's personality right, but also spread rapidly through the specific social fields and regions of the network society, seriously disrupting the public order of the network society, causing insecurity to the general public and seriously endangering the social order. According to the second paragraph of Article 246th of the Criminal Law of People's Republic of China (PRC),
On February 25th, 65438, according to the suggestion of Yuhang District People's Procuratorate in Hangzhou, Yuhang Branch of Hangzhou Public Security Bureau filed a case against Lang and He.
The procuratorial organ stated that it will abide by the objective and fair stance and work with relevant judicial organs to promote the fair handling of cases according to law.
Investigation on rumors of women receiving express delivery in Hangzhou
12 14, Yanwu (a pseudonym) received a notice of filing a case from the Yuhang District People's Court in Hangzhou: "After examination, the prosecution meets the statutory acceptance conditions, and the court decided to file a case for trial."
At the beginning of August, a video of Xiao Wu being photographed was circulated on the Internet, and the fabricated chat screenshot interpreted the story of "Young woman derailed courier brother". Four months later, Xiao Wu, who was tortured by online rumors, filed a criminal private prosecution and asked the law to give her a "statement."
A personal disaster caused by a rumor
It all started with an accident four months ago. "It's like walking down the street normally every day and suddenly being hit by a billboard." Xiao Wu told reporters.
In the early morning of August 7, a friend reminded Xiao Wu that someone had spread the news of "young woman derailed express brother" on the Internet, and the hostess was her.
Xiao Wu was shocked. Afterwards, I learned that when she went downstairs to get the express on July 7, she was photographed by the convenience store owner Lang. Lang then "joked" with his friend He, fabricated the chat content and sent it to the WeChat group. Through continuous forwarding, rumors are fermented on the Internet. On the morning of August 7th 10, the news had reached Xiao Wu's company, which was seen by leaders and colleagues. Xiao Wu reported the police on the same day.
Yuhang Branch of Hangzhou Public Security Bureau issued a police report on August 13, claiming that Lang and He fabricated chat content and sent screenshots to WeChat group, which caused adverse social impact. According to the corresponding laws and regulations, the police imposed administrative detention penalties on the two respectively.
But for Xiao Wu, the influence of rumors did not end with the clarification of the problem.
An evidence provided by Xiao Wu to reporters shows that on August 8, a WeChat WeChat official account published "Whose wife, your head is green enough to glow! When the article was notarized in August 1 1, the number of hits was 10000. As of September 20th, the total page views of many posts reached 60,660, and the forwarding volume was 2 17.
Xiao Wu also received many inquiries and abusive messages. "A foreign friend saw the fabricated communication content and scolded me, saying that everyone saw my embarrassment with others." She said that friends are more willing to believe the voice of the internet when they know that they are unmarried and childless, which makes it difficult for her to accept.
"About a week after the incident, I was dismissed by the company." Xiao Wu said that because it affected the reputation of the company and because she needed time to deal with this matter, she could not be reinstated, which affected her normal work.
On September 8, Xiao Wu was diagnosed as "depression" by the doctor. "I took a thick stack of inspection reports, and the doctor said very gently, is this matter really so harmful to you? After listening to this sentence, my tears came out in an instant. " She said.
Subsequently, Xiao Wu's boyfriend lost his job. Xiao Wu said that it was impossible for him to lose control at that time because he was going on a business trip. He must take care of her and solve the problem with her.
Initiate a criminal private prosecution
On August 30th, Xiao Wu released the Weibo, saying that he decided to give up the right to pursue criminal responsibility, but asked Lang and He to release sincere and quality apology videos and compensate for the losses.
In an interview with the media, Lang Heye said that a video was recorded at the end of August to apologize and accept the claim for compensation, but he thought that the amount proposed by Xiao Wu was unreasonable.
Xiao Wu believes that the loss caused by this incident has far exceeded the amount of compensation she proposed. What she can't accept is the attitude of the other party. She said Lang thought "he was just joking" and never said sorry to his face.
On October 26th, 65438/KLOC-0, Xiao Wu entrusted a lawyer from Zhejiang Jingheng Law Firm to submit a criminal private prosecution and evidence materials to the Yuhang District People's Court in Hangzhou, demanding that the criminal responsibility of Lang and He be investigated for libel.
According to the provisions of the Criminal Law, 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.
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 through Information Networks, anyone who defames others through information networks shall be deemed as "serious" as stipulated in the first paragraph of Article 246 of the Criminal Law: the same defamatory information has actually been clicked, viewed more than 5,000 times, or forwarded more than 500 times.
12 14, the reporter came to the scene and met Lang's father. He said it was a long time ago. "It was a joke at first, but I didn't expect it to spread later." He said that a lot of media have followed up this matter recently, and his son is no longer in the store. The reporter contacted Lang repeatedly, and he said that he already knew about the lawsuit. "Everything is subject to the judgment of the court."
It is difficult to defend rights, so that obeying the law under the "key" has become a habit.
Four months later, Xiao Wu still failed to get out of the whirlpool of this incident. "When the earthquake came out, there were countless aftershocks. Although everyone knows that I was wronged and slandered, I am a victim, but the shadow of this negative news has always followed me. " Xiao Wu told reporters.
165438+ 10 In June, Xiao Wu thought that he had adjusted himself and could start a new job. However, in the process of job hunting for many times, no matter which company you interview, you can't leave your job without the reason. Xiao Wu said that after telling the reason, the fair could not continue. "Society seems not ready to accept me. Even more frightening is that I don't know how long this situation will last. "
Xue Jun, a professor at Peking University Law School, said that there are several reasons why it is difficult to defend rights in such cases: First, it is difficult to determine the subject, and sometimes it is difficult to clearly identify the infringer and need platform assistance; Second, the relevant factual evidence is not easy to fix, and the text and video on the network may be deleted; Third, due to the large number of participants, everyone has the illusion that the law does not blame the public and pursues blame afterwards.
"It should be emphasized that cyberspace is not a place of extra-legality. Insulting others on the Internet, as in reality, will bear legal responsibility, which may constitute a crime and bear criminal responsibility. " Xue Jun said.
Zheng Jingjing said that in practice, some people may consult lawyers and choose the remedy of civil tort; However, considering that the infringement is not serious and the cost of safeguarding rights is too high, many people often choose to give up judicial relief. Many victims don't even know that the court can accept criminal private prosecution cases, and often feel unlucky.
How to control network rumors and violence is one of the important topics in the information age. The insiders believe that it is necessary to strengthen the necessary publicity activities to make ordinary citizens fully aware of the harm of online rumors, so that everyone in cyberspace can regard law-abiding as a habit and protect themselves and others from online rumors and violence. & nbsp & nbsp; Source: Newspapers surging government affairs.