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the supreme people's procuratorate will crack down on illegal and criminal activities related to "internet water army"

2024-09-26

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with the rapid development of internet communication, online violent crimes have become more and more serious in recent years. the "keystroke-hurting" behaviors such as wanton verbal abuse, insults, rumors, slander, and invasion of privacy on the internet have seriously infringed upon the personal and personality rights of citizens, disrupted the normal social order and network order, and affected the public's sense of security.

unlike traditional crimes, online violence has a wide range of information dissemination, fast transmission speed, great social harm, and difficult to eliminate impact. the storm of public opinion may cause the victim to suffer tremendous mental pressure and pain. however, for the victims, they often face problems such as difficulty in providing evidence and protecting their rights, and it is difficult to achieve rights relief through their own means. the people are calling for strict punishment of online violence.

in september 2023, the supreme people's court, the supreme people's procuratorate and the ministry of justice issued the "guiding opinions on punishing cyber ​​violence crimes in accordance with the law". hou yahui, member of the supreme people's procuratorate's procuratorial committee and director of the general crime procuratorate, introduced that from june 2023 to june this year, the procuratorates across the country prosecuted 19 cases involving 20 people for insulting and defaming crimes using the internet, and 335 cases involving 1,569 people for provoking disturbances using the internet.

the reporter learned that the "guiding opinions on punishing cyber ​​violence crimes in accordance with the law" jointly issued by the supreme people's court, the supreme people's procuratorate and the ministry of justice clearly stipulate the public prosecution standards and the procedure for transferring private prosecutions to public prosecutions for criminal cases of online insults and defamation, which facilitates the litigation process and makes the victims no longer isolated and helpless. in february this year, the supreme people's procuratorate released a typical case of li's insult and dissemination of obscene materials, clarifying that for online insults that "seriously endanger social order", the public prosecution procedure should be accurately applied, providing victims with timely and effective legal relief, setting a case guide, and demonstrating the judicial attitude of the procuratorate in combating and rectifying online insults and defamation.

in april this year, the supreme people's procuratorate's general crime procuratorate and public interest litigation procuratorate jointly deployed to strengthen the integrated performance of criminal prosecution and public interest litigation prosecution in personal information protection and other aspects. for cases that illegally obtain, sell, provide, and disclose citizens' personal information; use the internet to slander and insult others, infringe on others' privacy; use online violence incidents to carry out malicious marketing hype; refuse to perform information network security management obligations, etc., which damage the public interest, we will achieve full-process crackdown and systematic governance of personal information crimes.

at present, new situations and new problems have emerged in cybercrime. for example, due to the influence of factors such as "traffic economy" and "fan economy", illegal and criminal activities related to "internet water army" have been rampant. internet platforms and other network entities fail to perform their platform management responsibilities, and even allow and deliberately guide online violence in pursuit of platform traffic.

the internet is not a place outside the law. hou yahui said that the procuratorate will implement the law, judicial interpretation and the newly issued "regulations on the management of internet violence information" and other normative documents, give full play to the procuratorial functions and rectify the illegal and criminal activities related to "internet water army".

the supreme people's procuratorate will also give full play to the advantages of procuratorial integration, promote the special action of "prosecution to protect people's livelihood" in depth and in a practical manner, and guide local procuratorial organs to handle cyber violence crimes with major social impact. strengthen the supervision of key cases, collect a number of typical cases of infringement of citizens' personal information, cyber violence, etc., and issue typical cases in a timely manner to play the warning, education and guidance role of typical cases.

in addition, the procuratorate continues to strengthen the handling of public interest litigation cases in cyberspace governance, and studies and creates judicial rules for public interest litigation in cyberspace public interest damage assessment, repair and prevention. it continues to increase media publicity efforts, plans and produces integrated media works on combating and preventing cyber violence, and popularizes legal knowledge on network protection in a way that the people like to hear and see, and jointly creates a civilized, safe and green network environment.