At present, the cyber security department of the public security organs is carrying out a special operation to crack down on online rumors. What are the legal consequences of spreading rumors on the Internet? Depending on the content of the rumor and the impact it causes, the relevant case may involve criminal penalties or public security penalties.
Criminal Category
[Fabricating or intentionally disseminating false terrorist information]
The first paragraph of Article 291-1 of the Criminal Law of the People's Republic of China stipulates that anyone who fabricates terrorist information such as explosive threats, biological and chemical threats, or radiological threats, or knowingly disseminates terrorist information knowing that it is fabricated, thereby seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance; where serious consequences are caused, a sentence of five or more years imprisonment is to be given.
Paragraph 2 of Article 291-1 of the Criminal Law of the People's Republic of China stipulates that anyone who fabricates false dangers, epidemics, disasters, or police information, and disseminates them on information networks or other media, or knowingly disseminates such false information on information networks or other media, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance; where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.
interpretation
The perpetrator of the above offences must act intentionally and cause serious consequences of disrupting social order.
For example: causing chaos in crowded places such as airports, stations, docks, shopping malls, theaters, sports venues, etc., or taking emergency evacuation measures;
affecting the normal operation of large passenger transport vehicles such as aircraft, trains, and ships;
Causing interruption of the work, production, operation, teaching, scientific research and other activities of state organs, schools, hospitals, factories and mining enterprises, and other units;
causing serious disorder in the life of administrative villages or community residential areas;
Causing functional departments such as public security, armed police, fire protection, and health and quarantine to take emergency response measures.
Other serious disruptions to social order.
[Insult] [Defamation]
Article 246 of the Criminal Law of the People's Republic of China stipulates that anyone who publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or deprivation of political rights.
Crimes of insult and defamation are to be dealt with only if they are complained, except where they seriously endanger social order and national interests.
Where the conduct provided for in paragraph 1 is carried out through information networks, and the victim complains to the people's court, but there is genuine difficulty in providing evidence, the people's court may request that the public security organs provide assistance.
"Handling only after complaining" refers to the principle that the victim must file a complaint with the court before the defendant is held criminally responsible.
interpretation
The crime of insult or defamation is objectively manifested as the perpetrator's fabrication and dissemination of fictitious facts, which is sufficient to degrade the personality and reputation of others. It is not only required to fabricate facts, but also to disseminate them through oral speaking, newspapers, letters, the Internet, etc.
Cases of insult or defamation are generally private prosecution cases, and individual citizens shall initiate litigation in the people's courts on their own. However, for those who cause mass incidents due to insults or defamation, seriously impacting social order; Insulting or slandering diplomatic envoys, visiting foreign heads of state, heads of government, and other personnel, causing a vile international impact; or other situations where insult or defamation causes serious harm to national interests, a case is to be filed and investigated as the crime of insult or defamation, and the procuratorate is to initiate a public prosecution.
Public security
People's Republic of China Law on Administrative Penalties for Public Security
Paragraph 1 of Article 25 stipulates that spreading rumors, falsely reporting dangers, epidemics, police information, or intentionally disrupting public order by other means;
The third provision is that those who threaten to disrupt public order by setting fires, exploding or discharging dangerous substances;
They are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
interpretation
Anyone who spreads rumors, falsely reports dangers, epidemics, or police information, or intentionally disrupts public order by other means, as well as threatens to disrupt public order by arson, explosions, or the release of dangerous substances that does not constitute a crime, shall be punished in accordance with the above provisions.
The Internet is not a place outside the law. Netizens are requested to strictly abide by national laws and regulations, speak rationally, do not fabricate and spread rumors, and do not forward and spread unconfirmed news, so as to jointly create a clear cyberspace.
The police will resolutely investigate and deal with illegal and criminal acts of fabricating and spreading rumors on the Internet and disrupting public order in accordance with the law.
Producer/Wu Dongjian Editor-in-charge/Li Xiaoyun
Editor/Li Ting
Source/Xining Chengdong Public Security