laitimes

Internet Law Popularization Issue 012|Typical Case!Many people were fined, and a netizen was sentenced to three years in prison!

author:Xiuyu News Network

In accordance with the Ministry of Public Security's special action to crack down on and rectify online violence, Fujian's public security organs have severely cracked down on online violence and crimes that have strong public reaction and have a vile social impact, earnestly safeguarding the people's lawful rights and interests, and striving to create a clean and upright cyberspace. Five typical cases are hereby announced:

Case 1: Lin Moumou published insulting, defamatory, and intimidating information to commit cyber violence

From 2022 to 2023, Putian netizen Lin Moumou repeatedly filmed videos of insulting, slandering, and intimidating others in order to vent his emotions and seek excitement, sent text messages that insulted, slandered, and intimidated others, and posted screenshots of the videos and text messages on online social platforms. The relevant information has aroused the attention of a large number of netizens, caused an extremely bad impact on many victims, and seriously disrupted social and public order.

In December 2023, Lin Moumou was sentenced to three years in prison in accordance with the law and was sentenced to three years in prison together with other criminal acts.

Internet Law Popularization Issue 012|Typical Case!Many people were fined, and a netizen was sentenced to three years in prison!

Case 2: Lin Moumou fabricated rumors such as "inappropriate life style" to carry out online violence

In August 2023, Lin Moumou, an anchor on an online platform in Fuzhou, was resentful because of a conflict with another anchor, and repeatedly fabricated rumors such as the anchor and his family's "disorderly lifestyle" in the platform's live broadcast room and video works, and insulted the other party and his family. Relevant information arouses the attention of netizens, causing mental harm to the victim and disrupting social and public order.

In February 2024, the Fuzhou public security organs imposed an administrative penalty on Lin in accordance with the law.

Case 3: Wang fabricated rumors such as "Zhang cheated on many people" to carry out online violence

In December 2023, Quanzhou netizen Wang Mou fabricated and disseminated content such as "Zhang cheated on many people" by leaving messages or sending private messages in the comment area of Zhang's relatives, friends and other online platform accounts due to life disputes with Zhang, and sent harassing text messages to Zhang for a long time, causing mental harm to Zhang. Relevant information arouses the attention of netizens, infringes on the legitimate rights and interests of others, and disrupts social and public order.

In January 2024, the Quanzhou public security organs imposed an administrative penalty on Wang in accordance with the law.

Internet Law Popularization Issue 012|Typical Case!Many people were fined, and a netizen was sentenced to three years in prison!

Case 4: Huang and others fabricated a "yellow rumor" about the minor Gan to commit online violence

In January 2024, four Quanzhou netizens, including Huang, Su, He, and Li, fabricated and disseminated information and videos of minors Gan's "yellow rumors" online in order to win eyeballs and attract traffic. Relevant information arouses the attention of netizens, infringes on the lawful rights and interests of others, causes mental harm to minors, and disrupts social and public order.

In January 2024, the Quanzhou public security organs imposed administrative penalties on four people, including Huang, Su, He, and Li, in accordance with the law.

Internet Law Popularization Issue 012|Typical Case!Many people were fined, and a netizen was sentenced to three years in prison!

Case 5: Xu Moumou fabricated rumors such as "inappropriate life style and prostitution" to carry out online violence

In January 2024, Zhangzhou netizen Xu Moumou had a revenge mentality due to his unsuccessful pursuit of the victim, fabricated rumors such as the victim's "inappropriate life style, pornography and prostitution", personally attacked the victim, and spread it on online platforms. Relevant information arouses the attention of netizens, infringes on the legitimate rights and interests of others, and disrupts social and public order.

In February 2024, the Zhangzhou public security organs imposed an administrative penalty on Xu in accordance with the law.

Internet Law Popularization Issue 012|Typical Case!Many people were fined, and a netizen was sentenced to three years in prison!

【Explanation of Law Popularization】

Paragraph 1 of Article 4 of the "Decision of the Standing Committee of the National People's Congress on Safeguarding Internet Security": Where the Internet is used to insult others or fabricate facts to slander others, and it constitutes a crime, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law.

Article 42 of the Law on Administrative Penalties for Public Security: Anyone who openly insults others or fabricates facts to slander others shall be detained for not more than 5 days or fined not more than 500 yuan;

Article 5, paragraph 1 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Use of Information Networks to Commit Defamation": Where information networks are used to insult or intimidate others, where the circumstances are heinous and disrupt social order, it is to be convicted and punished as the crime of picking quarrels and provoking troubles in accordance with the provisions of Article 293, Paragraph 1 (2) of the Criminal Law.

Article 293 of the Criminal Law: The crime of picking quarrels and provoking troubles shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

Article 2 of the "Guiding Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Lawfully Punishing Violations and Crimes of Online Violence": Punish online defamation in accordance with law. Where rumors are created or disseminated on information networks, derogating the personality of others, or harming the reputation of others, and the circumstances are serious, and the provisions of Criminal Law article 246 are met, it is to be convicted and punished as defamation.

Article 3: Punish online insults in accordance with law. Where methods such as wanton abuse, malicious slander, or disclosure of privacy are employed on information networks to openly insult others, and the circumstances are serious and meet the requirements of Criminal Law article 246, it is to be convicted and punished as the crime of insult.

Internet Law Popularization Issue 012|Typical Case!Many people were fined, and a netizen was sentenced to three years in prison!

Internet police reminder

Online violence that publishes abusive insults, rumors and slander, invasion of privacy, and other information directed at others on the Internet derogates the personality of others, harms the reputation of others, disrupts online order, and undermines the online ecology, causing rampant anger in cyberspace and seriously impacting the public's sense of security.

The public security organs will adhere to the stance of severe punishment, crack down on rectification in accordance with the law, and protect the lawful rights and interests of the people and online public order.

Source: Fujian Internet Police

Read on