Legal analysis
Internet rumors refer to words spread through online media (such as e-mail, chat software, social networking sites, online forums, etc.). ) There is no factual basis. Mainly involved in emergencies, public affairs, celebrities, subversion of tradition, deviance and so on. The spread of rumors is sudden and extremely fast, and it is easy to have a negative impact on the normal social order. The network maliciously spreads the privacy of others and is suspected of infringing on personal privacy. If the victim fails to collect evidence, call the police and mediate, he will bring a lawsuit to the court and demand tort compensation, and he will bear criminal responsibility in serious cases. According to relevant laws, those who maliciously spread the privacy of others shall be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Malicious dissemination of private photos (nude photos) of others is an infringement. If the circumstances are minor, they shall bear tort liability or administrative liability. If the circumstances are serious, causing damage or harmful consequences, he is suspected of insulting and is sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Malicious dissemination of others' privacy may be suspected of insulting, which means using violence or other means to openly degrade others' personality and damage their reputation, and the circumstances are serious. The object of this crime is the personal dignity and reputation of others.
legal ground
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, 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. 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.