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internet information

rumors swirl

the era of short videos

scripted rumor video

once released

very likely to cause "viral spread"

being bullied during live broadcast?

recently, kunming internet police received a report from netizens that a netizen posted a video on a certain platform."a woman was forced to have her head shaved by two men while live-streaming in the wild and then taken away from the live-streaming site"the video has attracted a lot of attention from netizens. after investigation and verification by kunming internet police, it was found thatthe person who posted the information was actually the woman who had her head shaved in the video!

deal with it immediately!

after further investigation by the police,the woman and her "friends" wanted to attract public attention, gain eyeballs and earn network traffic.planning and fabricating the release of exaggerated and outrageous contentafter the "head-shaving script" was widely circulated on the internet,cause adverse social impact.

in the end, the woman and the people involved were arrested by the public security organs in accordance with the law.administrative detention.

cyber ​​police classroom

fabricated

rumormongers deliberately fabricate and spread so-called "facts" regardless of whether the event (content) is true or not.

exaggeration

rumormongers exaggerate part or all of the facts of an event (content), or even make up stories out of thin air and spread them.

quote out of context

the rumormongers extract part of the content from a complete article and spread it widely without considering the cause and effect, causing netizens who are unaware of the truth to form different or even opposite understandings of the events (content) involved.

patchwork

the basic material of this type of online rumor is true, but when it is used out of its specific context, region, conditions and processing results, it becomes a rumor.

half truth, half false

such online rumors are often half true and half false, making it difficult to tell whether they are reliable.

false

it is not new to write scripts in advance and have actors pose according to the script. such "works" make it difficult for netizens to distinguish between the real and the fake because they present the feeling of real people and real events.

rumors refuted and verified

the rumormonger will first use a "small account" to post a rumor, and then forward the rumor using an account with many followers and high traffic. the rhetoric is to "verify the truth", and spread the rumor in this so-called "verification".

my country's relevant laws have clear provisions on the responsibility for publishing and spreading online rumors. depending on the severity of the behavior, the rumormonger may bear civil liability, administrative liability or criminal liability.

next, i will help you quickly understand the relevant provisions of our country's laws on handling online rumors, helping you keep a clear head in the complex world of the internet and stay away from the illusory and tempting traps of online rumors.

civil liability

[legal basis] civil code of the people's republic of china

article 1024 civil subjects enjoy the right to reputation. no organization or individual may infringe upon the reputation of others by means of insults, defamation, etc. reputation is a social evaluation of the character, reputation, talent, credit, etc. of a civil subject.

article 1025 a person who conducts news reporting, public opinion supervision, or other activities for the public interest and affects the reputation of others shall 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 seriously inaccurate content provided by others;

(3) using insulting words to defame another person's reputation.

article 1194 if a network user or network service provider uses the network to infringe upon the civil rights of others, they shall bear tort liability. if otherwise provided by law, such provisions shall apply.

administrative responsibility

[legal basis] "public security administration punishment law of the people's republic of china"

article 25, paragraph 1 anyone who spreads rumors, falsely reports dangerous situations, epidemics, police incidents, or intentionally disturbs public order by other means shall be detained for not less than five days but not more than ten days, and may be fined not more than rmb 500; if the circumstances are minor, he shall be detained for not more than five days or fined not more than rmb 500.

article 26, item (4) whoever commits other acts of provoking disturbances shall be detained for not less than five days but not more than ten days, and may be fined not more than rmb 500 yuan; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days, and may be fined not more than rmb 1,000 yuan.

article 42, paragraph (2) anyone who openly insults another person or fabricates facts to slander another person shall be detained for not more than five days or fined not more than rmb 500 yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than ten days and may be fined not more than rmb 500 yuan.

criminal responsibility

【legal basis】criminal law of the people's republic of china

article 246[insult and defamation] anyone who publicly insults another person or fabricates facts to defame another person by violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release, or deprivation of political rights.

article 291-1, paragraph 2[crime of fabricating and intentionally spreading false information] whoever fabricates false information about dangers, epidemics, disasters, or police incidents and spreads them on information networks or other media, or knowingly spreads the above-mentioned false information on purpose on information networks or other media, and seriously disrupts social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

article 293, paragraph 1, item (2) and item (4) [crime of provoking trouble]anyone who commits any of the following acts of provoking disturbances and disrupting public order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(2) chasing, intercepting, insulting, or threatening others, where the circumstances are egregious;

(4) provoking disturbances in public places, causing serious disruption of public order.

the supreme people's court and the supreme people's procuratorate issued the interpretation on several issues concerning the application of law in handling criminal cases of defamation and other crimes committed using information networks (fa shi [2013] no. 21)

internet police appeal

the internet is boundless, but the law is limited

the internet is not a lawless place

please abide by the laws and regulations

regulating online behavior

don’t spread rumors, don’t spread rumors, don’t believe rumors

consciously resist online rumors