Spread rumors with a mouth
Refuting rumors and breaking legs
There is no cost to spread rumors
It will go on and on
We look forward to "the rumors stop at the wise"
But fundamentally, it is necessary to extinguish it at the source
Recently, the Kaiyuan Municipal Public Security Bureau launched a publicity campaign to crack down on online rumors in the sports park, aiming to further enhance the public's awareness of surfing the Internet in a civilized manner in accordance with the law.
During the activity, the people's police explained to the masses on the spot the dangers of online rumors, how to screen online rumors, promptly report rumors, and the legal responsibility for spreading online rumors through methods such as distributing publicity materials, placing display boards, and face-to-face explanations, so as to increase the public's awareness of network security and their ability to screen and prevent online rumors, and publicize the "National Security Law", "Cybersecurity Law", "Public Security Administration Punishment Law of the People's Republic of China", and "Criminal Law of the People's Republic of China" to the masses The relevant provisions related to online rumors are to further enhance the public's awareness and skills of prevention in identifying and resisting online rumors.
Cyber security is no trivial matter, we must not only abide by the most basic legal "red line", but also strengthen the awareness of the bottom line and the concept of the rule of law. Spreading rumors on the Internet, whether they are original or forwarded, needs to bear the corresponding legal responsibility.
In the next step, the Kaiyuan Municipal Public Security Bureau will continue to carry out publicity activities to combat online rumors and popularize the law, further educate and guide the masses to realize the social harm of online rumors, and improve the ability of the masses in the jurisdiction to recognize and distinguish rumors.
The Internet is not a "legal blind spot", and cyberspace is by no means a "place outside the law". Kaiyuan police hereby remind the general public to consciously abide by laws and regulations, do not spread rumors, do not believe rumors, and jointly maintain a healthy and orderly network environment.
The legal responsibility for fabricating or spreading rumors on the Internet may bear civil liability, administrative offense liability, and criminal liability depending on the severity of the act.
1. Civil Liability
That is, if the spreading of rumors infringes on the right to reputation of a civil subject, it shall bear corresponding civil liability in accordance with the provisions of the Civil Code of the mainland. The relevant provisions of the Civil Code of the People's Republic of China are as follows:
Article 1024:Civil entities enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander. Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject.
Article 1025:Where actors carry out conduct such as news reporting or public opinion supervision for the public interest, impacting the reputation of others, they do not bear civil liability, except in any of the following circumstances: (1) fabricating or distorting facts; (2) failing to fulfill the obligation to reasonably verify content provided by others that are seriously inaccurate; (3) using insulting language or other derogatory language to defame others.
Article 1194:Where network users or network service providers use the network to infringe upon the civil rights and interests of others, they shall bear tort liability. Where the law provides otherwise, follow those provisions.
2. Liability for administrative violations
That is, if a person spreads rumors, falsely reports dangers, epidemics, police information, or deliberately disrupts public order by other means, or fabricates facts to slander others, and it does not constitute a crime, he shall be given administrative punishments such as detention and fines in accordance with the "Public Security Administration Punishment Law" and other provisions. The relevant provisions of the Law of the People's Republic of China on Public Security Administration Penalties are as follows:
Article 25(1): Whoever spreads rumors, falsely reports dangers, epidemics, or police information, or intentionally disrupts public order by other means, is to be detained for between 5 and 10 days and may be concurrently fined up to 500 RMB;
3. Criminal liability
If an offence is committed, criminal liability is pursued in accordance with the provisions of the Penal Code. The relevant provisions of the Criminal Law of the People's Republic of China are as follows:
Article 221:Whoever fabricates or disseminates false facts, harms the commercial reputation or reputation of others, causes major losses to others, or has other serious circumstances, is to be sentenced to up to two years imprisonment or short-term detention and/or a fine.
Article 246:Where violence or other methods are used to openly insult others or fabricate facts to slander others, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given.
Article 291-1, paragraph 2 Whoever fabricates or intentionally disseminates false information about dangers, epidemics, disasters, or police information, and disseminates it on information networks or other media, or knowingly disseminates the false information described above, intentionally disseminates it on information networks or other media, seriously disrupting social order, is to be sentenced to up to three years imprisonment, short-term detention, or controlled release;
*Note: Some of the pictures come from the Internet
Reviewer: Wang Jian
Proofreader: Zhou Qiren
Editor: Chen Jing
Source: Cyber Security Brigade