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the procuratorate will severely punish the crime of "pressing buttons to harm enterprises" in accordance with the law

2024-09-19

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"company x was fined for suspected pyramid selling" and "company x sold counterfeit goods". these articles on the internet seem to expose the dark side of companies, but in fact they are extorting companies through cyber violence. in recent years, criminals have created and spread rumors about companies through the internet, and used cyber violence to make illegal profits, seriously infringing on the legitimate rights and interests of companies, disrupting the market economic order, and undermining the construction of a legal business environment.

recently, zhang jianzhong, deputy director of the economic crime procuratorate of the supreme people's procuratorate, introduced that in the current cases of cyberbullying of enterprises handled by the procuratorate, some criminals threatened enterprises and extorted money in the name of "public opinion supervision". criminals took advantage of the fear of enterprises about the spread of public opinion and damage to their reputation, fabricated and spread false negative information about enterprises, and extorted "hush money" from the relevant enterprises.

there are also criminals who "demand money" in the name of "rights protection". some criminals use "fake" rights protection and "pawnshop" rights protection to extort or defraud enterprises. in addition, there is a clear trend of gang and industrial crime. criminals set up special companies to operate a large number of websites and self-media accounts on multiple platforms, and provide a "one-stop" operation of media operation, information release, and docking and deletion of posts. "internet water army" has become an important promoter. with the help of public opinion promoters and "internet water army", the negative impact of online rumors involving enterprises has increased exponentially.

when companies encounter cyber violence, what should they do to better safeguard their legitimate rights and interests? zhang jianzhong pointed out that when companies encounter cyber violence, they should handle it calmly and safeguard their rights according to law. first, do a good job of preserving and fixing evidence. companies can timely preserve and fix evidence with high false content, relatively bad nature and high relevance to rights protection based on the scope of influence of online rumors and the difficulty of collecting evidence. second, apply for processing by the network platform. companies can promptly complain to the network platform and notify it to take necessary measures such as deletion and blocking of relevant false and infringing information to prevent the continued spread and fermentation of false statements. third, use legal means to safeguard rights. companies can report to administrative law enforcement departments or public security organs in accordance with the law, and law enforcement and judicial organs will crack down on and punish them in accordance with the law.

at the beginning of this year, the supreme people's procuratorate deployed a special "prosecution to protect enterprises" campaign in the procuratorates across the country, which put forward clear requirements for maintaining the online business environment and cracking down on crimes related to the use of online rumors and online public opinion to illegally make money and damage the business reputation of enterprises in accordance with the law.

procuratorial organs in various places have prosecuted a number of criminal cases in accordance with the law, including using the internet to spread false information related to enterprises, deliberately spreading rumors to discredit enterprises, damaging the reputation of enterprises in the name of "public opinion supervision", and committing extortion, thus forming a strong deterrent to criminals who attempt to make illegal profits through cyberbullying enterprises.

zhang jianzhong said that the procuratorate will severely punish crimes related to cyberbullying and "pressing buttons to hurt enterprises" in accordance with the law, strengthen the rule of law in cyberspace, and continuously optimize the business environment. focus on punishing crimes such as extortion and forced transactions against enterprises through the creation, dissemination, and use of false enterprise-related information on the internet, as well as crimes involving "cyber trolls" that fuel illegal acts such as cyberbullying enterprises. accelerate the research and formulation of case handling guidance opinions, unify law enforcement and judicial standards, standardize and guide network behavior, and draw a clear bottom line and red line for the public to use the internet in accordance with the law.

in addition, we will promote comprehensive governance through synergy and linkage. we will strengthen cooperation with the internet information office, the ministry of industry and information technology, the public security bureau and other departments, pay close attention to the development trend of related crimes, dig deep into the industrial chain and interest chain behind them, and strengthen cooperation with relevant departments through issuing procuratorial recommendations and other means to jointly promote comprehensive governance.

in terms of strengthening legal publicity, we will actively implement the legal publicity responsibility system of "whoever enforces the law shall publicize the law", strengthen the publicity of relevant laws and regulations, deeply expose the social harm caused by cyber-bullying companies, send a strong signal that "the internet is not a lawless place", and create a better market-oriented, law-based, and internationalized business environment.