After the incident, a woman posted a paragraph on a certain audio platform** showing that she had only eaten instant noodles during her mother-in-law's hospitalization, and the old man said that he didn't want to eat it, and the woman replied that her mother-in-law had eaten instant noodles for more than a month during her confinement, which was very nutritious and she wanted to continue to eat. The joke spread rapidly on online platforms and caused huge social repercussions. After investigation, the paragraph was fabricated by the woman, and the old man in ** was actually his biological mother.
Legal analysis In order to win traffic and attract the attention of fans, is it illegal to publish fictitious jokes on a personal self-** account?
In order to gain traffic and gain attention, the woman fabricated a storyline and published it on the Internet, causing a huge response from the public, which is a rumor-mongering and violates the provisions of the "Public Security Administration Punishment Law of the People's Republic of China", and should bear legal responsibility.
In terms of the constitutive elements of the illegal act, the illegal act of spreading rumors must meet four elements at the same time:
The first is to fabricate false information that does not exist in reality, or to make unreasonable personal inferences based on some objective facts that have not been scientifically confirmed or cannot be corroborated.
Second, the perpetrator used oral, online and other methods to disseminate the information he fabricated, so that the public could learn about the information he fabricated.
The third is that the perpetrator was subjectively at fault when fabricating and disseminating the information, that is, he did it knowing that he might violate the law.
Fourth, the act violates the provisions of the law, and if the law does not stipulate that a certain act is illegal, it cannot be punished. That is, "it is not a crime unless the law expressly stipulates it, and there is no punishment unless the law expressly stipulates it".
The lawyer reminds that the Constitution gives citizens freedom of speech, and everyone has the right to speak. However, the exercise of any right cannot go beyond the boundaries of the law, and any violation of the law will be sanctioned.
Women can post their own shooting on ** and express their thoughts and opinions, but they publish plot clips of fictitious facts, causing a bad social impact, corrupting morality, violating the provisions of the "Public Security Administration Punishment Law of the People's Republic of China", exceeding the boundaries of freedom of speech, and being administratively detained for 5 days by the public security department, and permanently shutting down the account, and receiving due sanctions.
Article 25 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB
1) Spreading rumors, falsely reporting dangers, epidemics, police information, or intentionally disrupting public order by other means;