With the Spring Festival approaching, there are still some cities where the number of new crown infections is increasing, and the infected people are from local areas and imported from abroad. After the nucleic acid test is positive, the vast majority of people obey the instructions of the epidemic prevention organs to isolate, and the relevant departments have also protected their personal privacy, but there are always "miraculous" netizens who can find the personal information of these infected people through various channels, and publish these information to the Network, accompanied by blame text - "It is this person, running around and playing, the whole street is sealed, he is XXX of XX school XX class!" "Those hiding behind the network cable leaked the identity information of others, pulled out previous photos, and caused the infected or other innocent people to suffer cyberbullying. Some infected people who are publicly identified will defend their rights through legal channels, but others choose to end their lives because they can't bear the insult...
Xiaowen went to college in a foreign country, and after returning home from school, she was tested positive for nucleic acid, and then her whole family and even the whole community were isolated. The sudden isolation has delayed many people's travel, work and life, and has attracted many complaints. Xiaowen and her family have publicly apologized in the owner group, but netizens who still lack legal awareness have dug up her personal information according to Xiaowen's itinerary, exposed her school and class on the Internet, and even exploded photos of her boyfriend. Subsequently, some sinister people on the Internet began to attack verbally: "I have long heard that girls in this school love to go out and play!" "Growing up like this can also find someone, how can I still be single?" "It must be infected when she goes out to play with her boyfriend, otherwise how can her boyfriend be okay?" ...... Gossip is everywhere, Xiaowen will receive text messages from unknown people every day, full of vicious words, and the whole family is under great pressure because of this matter.
In addition to the incident of maliciously disclosing the detailed personal information of the new crown infected person, there have also been incidents in which the identity information of the thief was exposed on the Internet and subjected to "Internet violence", and finally the thief was killed because he could not bear the insult and jumped into the river, and the person who exposed his information was also sent to prison.
The issue of protecting the security of personal information has attracted the attention of the national legislature. The Personal Information Protection Law of the People's Republic of China came into effect on November 1 last year. Article 2 of the Law stipulates that "the personal information of natural persons shall be protected by law, and no organization or individual shall infringe on the personal information rights and interests of others." ”
Article 10 of the Law: "No organization or individual may illegally collect, use, process, or transmit other people's personal information, must not illegally buy, sell, provide, or disclose other people's personal information, and must not engage in personal information processing activities that endanger national security or the public interest." ”
Article 71 of the Law: "Where violations of the provisions of this Law constitute a violation of the administration of public security, a penalty for the administration of public security shall be given in accordance with law; ”
According to article 42 of the Law on Administrative Penalties for Public Security and article 246 of the Criminal Law, the punishment results of online violence can be divided into three situations, depending on the seriousness of the circumstances:
(1) Whoever commits only six acts, such as openly insulting others or fabricating facts to slander others as provided for in article 42 of the Public Security Administration Punishment Law (see the attached law for details), shall be detained for not more than five days or fined not more than 500 yuan;
(2) Where six kinds of acts such as insulting or slandering others as provided for in the "Public Security Administration Punishment Law" have been committed, and the circumstances are more serious, they shall be sentenced to detention for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan;
(3) Whoever, by violence or other means, openly insults another person or fabricates facts to slander another person, 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.
Serious circumstances generally refer to situations where the means are bad, the consequences are serious or the impact is extremely bad, such as the spread is very widespread, or the death of the insulted and slandered person.
Personal attacks, insults, cynicism and privacy breaches... Cyberbullying has never stopped. The Provisions on the Governance of the Online Information Content Ecosystem stipulate that users, producers, and platforms of online information content services must not carry out illegal activities such as online violence, "human flesh" searches, deep forgery, traffic fraud, and account manipulation.
If someone has suffered online violence in their lives, they can keep a record of being insulted or abused, and then report the case to the public security organs. Once personal information is leaked, complaints and reports may be made to the public security department, the Internet management department, the industry and commerce department, the consumer association, the industry management department and relevant institutions. In addition, after the cyber violence person leaks the victim's information, it is likely that some criminals will find the victim's relatives and friends through this information, threaten them, extort and other means to defraud the property, so they should be notified in time to pay attention to prevention, so as not to suffer infringement.