2024 is the year of the national public security organs' special action to crack down on and rectify online rumors. Public security organs continue to strengthen the force of crackdowns and rectifications, investigate and deal with illegal acts of spreading rumors in accordance with law, promptly clean up online rumor information, and make every effort to preserve order in cyberspace and the lawful rights and interests of the people.
What is an internet rumor?
Internet rumors refer to discourses that have no factual basis and are offensive and purposeful through online media (such as Weibo, foreign countries, online forums, social networks, chat software, etc.). It mainly involves emergencies, public spheres, politicians, subversion of tradition, deviance, etc.
Rumors spread suddenly and quickly, so they can easily have a negative impact on normal social order.
Legal liability for spreading online rumors
Civil Liability
If the spread of rumors infringes upon the right to reputation of individual citizens or infringes upon the goodwill of legal persons, in accordance with the provisions of the Civil Code of the People's Republic of China, they shall bear the responsibility of stopping the infringement, restoring their reputation, eliminating the impact, making a formal apology, and compensating for losses.
Administrative Responsibility
Article 25 of the Law of the People's Republic of China on Public Security Administration Punishments: 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 be concurrently 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, or police information, or intentionally disrupting public order by other means;
2) Disrupting public order by discharging false or toxic, radioactive, corrosive substances, infectious disease pathogens, or other dangerous substances;
3) Threatening to set fire to or discharging dangerous substances to disturb public order.
Criminal liability
Article 105 of the Criminal Law of the People's Republic of China: Whoever instigates subversion of state power or overthrows the socialist system by spreading rumors, defamation or other means shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention, controlled release or deprivation of political rights; and where the ringleader or the crime is serious, a sentence of five or more years imprisonment is to be given.
Article 221 of the Criminal Law of the People's Republic of China: Whoever fabricates and 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 of the Criminal Law of the People's Republic of China: Whoever 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, short-term detention, controlled release, or deprivation of political rights.
Paragraph 2 of Article 291-1 of the Criminal Law of the People's Republic of China: Whoever fabricates false dangerous information, epidemics, disasters, or police information, and disseminates it on information networks or other **, or knowingly disseminates the above-mentioned false information, intentionally disseminates it on information networks or other **, seriously disrupting social order, is sentenced to up to three years imprisonment, short-term detention, or controlled release; where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.
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**Reminder
The Internet is not a place outside the law! Online voices cannot be arbitrary, fabricating or deliberately spreading online rumors, and at least bear tort liability, at worst fine and detention, or even suspected of committing a crime. Network service providers shall perform information network security management obligations provided for by laws and administrative regulations, and jointly build a civilized, orderly, and clear cyberspace. The public security organs will strictly investigate and deal with acts of fabricating and spreading rumors, publishing illegal content, and disrupting social order through the use of the Internet.
*: Rizhao Public Security