Jiangsu Science Champion with 724 points? From Nanjing Liuhe High School? The rumormonger has been detained by the criminal detention system | Responsibility | High School
The college entrance examination score checking system is not yet open
Has the dust settled on the top scorer in science?
Is it because the school has a wide range of abilities to check scores in advance?
Or is it a false rumor with ulterior motives causing trouble?
……
Case details
At 20:00 on June 24th, it is the opening time of the 2023 Jiangsu College Entrance Examination score checking system. In the afternoon of that day, several hours before the system was opened, a news about the top scorer in the college entrance examination appeared online: "In 2023, the highest score in Jiangsu Science was 724 points, and Nanjing Liuhe Senior High School", causing a large number of netizens and online self media to spread and share it.
Subsequently, the Education Bureau of Liuhe District in Nanjing and Liuhe Senior High School in Jiangsu Province received calls from candidates, parents, and people from all walks of life questioning why they were able to obtain their college entrance examination scores in advance. However, after investigation and understanding by relevant departments, it was confirmed that the so-called "Jiangsu Science with the highest score of 724, Nanjing Liuhe Senior High School" was not released through official channels and was purely rumored information.
This rumor has spread on a large scale online, not only disrupting the normal office order of relevant functional departments, but also seriously damaging the network environment and causing adverse social impacts.
In response to this situation, Nanjing Internet police immediately conducted an investigation and found that the rumor information was first posted by Nanjing netizen Yuan. Originally, Yuan was a real estate agent who often posted short videos to attract potential customers.
On June 24, in order to attract traffic attention, Mr. Yuan, thinking of the popularity of the college entrance examination results, fabricated the false information of "the highest score of science in Jiangsu in 2023, Nanjing Liuhe High School" and released it on his personal Tiktok account. At present, Yuan has been criminally detained by the public security organs in accordance with the law.
Legal popularization
The legal responsibility for online rumors in our country may include civil liability, administrative illegal liability, and criminal liability depending on the severity of the behavior.
civil liability
[Legal Basis] The Civil Code of the People's Republic of China
Article 1024 Civil subjects enjoy the right of reputation. No organization or individual shall infringe upon the reputation rights of others through insults, defamation, or other means. Reputation is a social evaluation of the character, reputation, talent, and credit of civil subjects.
Article 1025: If an actor engages in news reporting, public opinion supervision or other activities for the public interest, which affects the reputation of others, he shall not bear civil liability, except in any of the following circumstances:
Fabricate or distort facts;
Failure to fulfill the obligation of reasonable verification of seriously untrue content provided by others;
Using insulting language or other derogatory language to damage the reputation of others.
Article 11194: If network users or service providers use the internet to infringe upon the civil rights and interests of others, they shall bear the liability for infringement. If there are other provisions in the law, they shall prevail.
Administrative illegal liability
[Legal Basis] Law of the People's Republic of China on Public Security Administration Punishments
Article 25, Item: Those who spread rumors, falsely report dangerous situations, epidemics, police situations, or intentionally disrupt public order by other means shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan; Those with minor circumstances shall be detained for no more than five days or fined no more than 500 yuan.
criminal responsibility
[Legal Basis] The Criminal Law of the People's Republic of China
Article 246: Crimes of insult and defamation
Those who publicly insult others or fabricate facts to defame others through violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, detention, public surveillance, or deprivation of political rights.
Article 291-1 (2) Crime of fabricating or intentionally disseminating false information
Those who fabricate false information about risks, epidemics, disasters, or police, spread it on information networks or other media, or knowingly spread it on information networks or other media, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 293, Paragraph 1, Paragraphs (a) and (b) Offences of provoking and causing trouble
Those who engage in any of the following provocative and disruptive behaviors that disrupt social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance:
Chasing, intercepting, insulting, or intimidating others with malicious circumstances;
Causing chaos and causing serious disorder in public places.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Using Information Networks to Implement Defamation and Other Crimes
Article 5: Those who use information networks to insult or intimidate others, with heinous circumstances and disrupt social order, shall be convicted and punished for the crime of provocation and disturbance in accordance with the provisions of Article 293, Paragraph 1, Item of the Criminal Law.
Whoever fabricates false information, or knowingly spreads false information on the information network, or organizes or instructs personnel to spread and cause chaos on the information network, resulting in serious public order disorder, shall be convicted and punished for the crime of provocation and disturbance in accordance with the provisions of Article 293, Paragraph 1 (a) of the Criminal Law.
Online police reminder
As a network self media operator, we should adhere to the moral bottom line, not cross the legal red line, and not fall into the "abyss" of illegal and criminal activities due to the greed for temporary "traffic"!