Shine the sword to online violence! "Two Highs and One Department" publicly solicits social opinions on the guidance of punishing illegal crimes of online violence in accordance with the law | Internet | Society

Release time:Apr 13, 2024 21:08 PM

On June 9th, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security issued the Guiding Opinions on Punishing Cyber Violence and Illegal Crimes in accordance with the Law, publicly soliciting opinions from the public.

The draft for soliciting opinions consists of 20 articles, including safeguarding the rights and interests of citizens and maintaining online order, severely punishing illegal activities of online violence, providing legal remedies, and improving comprehensive governance measures.

The draft for soliciting opinions proposes to punish in accordance with the law acts such as online defamation, online insults, infringement of personal information of citizens, offline harassment, and malicious marketing hype carried out through online violence incidents. For illegal and criminal acts of online violence, the spirit of strict punishment should be reflected, with a focus on cracking down on malicious initiators, organizers, promoters, and those who refuse to change their ways, so that the people can fully feel fairness and justice. The draft for soliciting opinions also lists situations where severe punishment should be imposed.

The draft for soliciting opinions also clarifies that reporting or exposing someone else's criminal or illegal behavior through information networks, as long as it is not intentionally fabricated or knowingly spread, should not be considered as a defamation crime. Commenting or criticizing someone's words and actions, even if the viewpoint is biased or the speech is too extreme, as long as it is not wanton verbal abuse or malicious defamation, should not be considered as insulting illegal crimes.

The draft for soliciting opinions points out that public security organs should promptly file cases for cyberbullying and defamation crimes that seriously endanger social order in accordance with the law. If the victim files a private prosecution and the people's court, after examination, finds that the relevant behavior seriously endangers social order, the case shall be transferred to the public security organs. The draft for soliciting opinions lists specific situations that should be recognized as "seriously endangering social order".

The draft for soliciting opinions also stipulates that, upon the application of the parties, the people's court may, in accordance with the specific circumstances of the case, make an injunction against infringement of personality rights in accordance with the law. If online violence harms public interests, the People's Procuratorate may file a public interest lawsuit with the People's Court in accordance with the law.

The general public can provide revision suggestions through email or mail. The deadline for feedback is June 25, 2023.

The Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Punishing Cyber Violence and Illegal Crimes in accordance with the Law are publicly solicited for public opinion

In order to punish illegal and criminal activities of online violence in accordance with the law, effectively safeguard the personal rights and interests of citizens and normal online order, in accordance with relevant provisions such as the Criminal Law, Criminal Procedure Law, Civil Code, Civil Procedure Law, and Public Security Administration Punishment Law, the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security have drafted the Guiding Opinions on Punishing Illegal and Criminal Activities of Online Violence in accordance with the Law. The opinions are now publicly solicited from the public, and the deadline for feedback is June 25, 2023.

The public can provide opinions through the following channels:

Please send 1. email:

xsjsxgca@163.com;

Please send the 2. letter to: the Research Office of the Supreme People's Court, No. 27, Dongdaomin Lane, Dongcheng District, Beijing, zip code: 100745; the Legal Policy Research Office of the Supreme People's Procuratorate, No. 147 Beiheyan Street, Dongcheng District, Beijing, zip code: 100726.

Please mark "feedback on punishing online violence documents" on the email subject or envelope ".

The Ministry of Public Security of the Supreme People's Court and the Supreme People's Procuratorate

Regarding the lawful punishment of illegal crimes of online violence

Guiding Opinions

1. fully understand the social harm of network violence, safeguard the rights and interests of citizens and network order according to law

1. Cyber violence that wantonly publishes abuse, insults, rumors, slander, invasion of privacy and other information against individuals on the Internet, derogates the personality of others, damages the reputation of others, and some cause serious consequences such as "social death" or even mental disorder and suicide; Disrupting the network order, destroying the network ecology, causing hostility in cyberspace, and seriously affecting the sense of security of the public. Different from traditional crimes, cyber violence is often carried out against strangers who have never known each other. Victims have practical difficulties in identifying infringers and collecting evidence, and the cost of rights protection is extremely high. The people's courts, people's procuratorates, and public security organs must fully understand the social harm of cyber violence, adhere to the position of severe punishment, perform their duties in accordance with the law, provide sufficient legal remedies for victims of "cyber violence", safeguard the legitimate rights and interests of citizens, and maintain the public's sense of security. Normal network order.

2. and accurate application of the law, in accordance with the law to severely punish the network of violent crimes

2. Punishment of online defamation in accordance with the law. Whoever creates or spreads rumors on the information network, belittles the personality of others, or damages the reputation of others, if the circumstances are serious and comply with the provisions of Article 246 of the Criminal Law, shall be convicted and punished for the crime of libel.

3. Punish online insults in accordance with the law. Those who engage in wanton verbal abuse, malicious attacks, and disclosure of privacy on the information network, openly insult others, and if the circumstances are serious and comply with the provisions of Article 246 of the Criminal Law, shall be convicted and punished for the crime of insult.

4. Punish violations of citizens' personal information in accordance with the law. Organizing "human flesh search" and illegally collecting and publishing personal information of citizens to an unspecified majority on the information network, if the circumstances are serious and comply with the provisions of Article 253-1 of the Criminal Law, shall be convicted and punished for the crime of infringing on the personal information of citizens.

Punish offline harassment behavior in accordance with the law. Those who extend online violence to offline activities and engage in acts of interception, verbal abuse, harassment, intimidation, and destruction of property against the victims of online violence and their relatives and friends, in accordance with the provisions of Article 275 and Article 293 of the Criminal Law, shall be convicted and punished for the crimes of intentional destruction of property and provocation.

6. Punish malicious marketing hype committed through online violence incidents in accordance with the law. If a network service provider fails to fulfill their information network security management obligations in accordance with the law for the purpose of exploiting hype, promoting and attracting traffic, and refuses to take corrective measures ordered by regulatory authorities, resulting in the widespread dissemination of illegal information or other serious circumstances that comply with Article 286-1 of the Criminal Law, they shall be convicted and punished for the crime of refusing to fulfill their information network security management obligations; If it also constitutes other crimes, it shall be convicted and punished in accordance with the provisions of the heavier punishment.

Punish illegal acts of online violence in accordance with the law. If the act of online slander, insult, or other online violence does not constitute a crime and complies with the provisions of the Public Security Administration Punishment Law, administrative penalties shall be imposed in accordance with the law.

8. Strictly punish illegal activities of online violence in accordance with the law. We must adhere to strict law enforcement and judicial measures, and hold those who commit illegal acts of online violence accountable in accordance with the law, effectively correcting the erroneous tendency of "the law does not hold the public accountable". We should focus on cracking down on malicious initiators, organizers, promoters, and those who refuse to change their ways. The spirit of strict punishment should be reflected in the illegal activities of online violence, so that the people can fully feel fairness and justice. Those who commit crimes of online violence and fall under any of the following circumstances shall be punished severely:

Implemented for minors and people with disabilities;

Organizing the implementation of "navy" and "thugs";

Fabricating topics related to sexuality that infringe upon the personal dignity of others;

Using "deep synthesis" technology to publish illegal or harmful information, violating public order, good customs, and ethical morals;

Initiated and organized by network service providers.

9. Carry out civil rights protection work in accordance with the law. If a victim requests the perpetrator to bear civil liability for committing online violence against others, infringing on their personal rights such as reputation and privacy, the people's court shall support it in accordance with the law.

10. Accurately grasp the criteria for identifying illegal and criminal acts. Reporting or exposing someone else's criminal or illegal behavior through information networks, as long as it is not intentionally fabricated or knowingly spread, should not be considered as a defamation crime. Commenting or criticizing someone's words and actions, even if the viewpoint is biased or the speech is too extreme, as long as it is not wanton verbal abuse or malicious defamation, should not be considered as insulting illegal crimes.

3. smooth litigation procedures and provide effective legal remedies in a timely manner

11. Implement the legal provisions on the assistance of public security organs in obtaining evidence. If the victim files a private prosecution for online insult or defamation, and the people's court, after examination, finds that it is indeed difficult for the victim to provide evidence, it may request the public security organ to provide assistance in accordance with the provisions of the third paragraph of Article 246 of the Criminal Law. The public security organ shall, in accordance with the requirements of the people's court and the specific circumstances of the case, promptly identify the subject of the act, and collect evidence materials such as the spread and impact of relevant insults and defamation information. If the public security organ assists in obtaining evidence and meets the conditions for accepting a private prosecution case, the people's court shall decide to file a case; if it is unable to collect relevant evidence, the public security organ shall explain the situation in writing to the people's court.

12. Accurately grasp the prosecution conditions for the crimes of insult and defamation. According to Article 246 (2) of the Criminal Law, if the crime of insult or defamation is committed and seriously endangers social order and national interests, public prosecution shall be initiated. For whether online insults and defamation seriously endanger social order, a judgment should be made based on factors such as the target of infringement, motive and purpose, mode of behavior, scope of information dissemination, and consequences of harm.

Any act of online insult or defamation that falls under one of the following circumstances shall be deemed as "seriously endangering social order" as stipulated in Article 246 (2) of the Criminal Law:

Causing serious consequences such as mental disorders and suicide to the victim, with a negative impact;

Arbitrarily targeting the general public as the target of infringement, spreading relevant information on a large scale on the internet, causing a large number of vulgar and malicious comments, seriously disrupting network order, and affecting the public's sense of security;

Insult or slander multiple people, causing adverse social impact;

Repeatedly spreading defamatory or insulting information, or organizing or directing personnel to spread a large amount of defamatory or insulting information, causing adverse social impact;

Other situations that seriously endanger social order.

13. The prosecution procedure for criminal cases of insult and defamation shall be applied in accordance with the law. For crimes of online insult and defamation that seriously endanger social order, public security organs should file a case in a timely manner in accordance with the law. If the victim simultaneously files a private prosecution with the people's court, the people's court shall persuade the private prosecutor to withdraw the private prosecution or rule not to accept it; If the case has been accepted, a ruling shall be made to terminate the trial, and the original private prosecutor may participate in the litigation as a victim. For acts of online insult and defamation, if the victim files a private prosecution and the people's court, after examination, finds that the relevant behavior seriously endangers social order, the case shall be transferred to the public security organs.

14. Strengthen the supervision of case filing. For cases of online violence involving cyberbullying, defamation, and other charges such as infringement of personal information of citizens, if the People's Procuratorate believes that the public security organs should file an investigation but does not file an investigation, or if the victim believes that the public security organs should file an investigation but does not file an investigation, the People's Procuratorate shall request the public security organs to explain the reasons for not filing an investigation. If the People's Procuratorate believes that the reasons for not filing a case by the public security organs cannot be established, it shall notify the public security organs to file the case. After receiving the notice, the public security organs shall file the case.

Superior public security organs should strengthen their professional guidance and internal supervision on the filing of cases of online violence by subordinate public security organs.

15. Apply the system of injunctions against infringement of personality rights in accordance with the law. If the right holder has evidence to prove that the perpetrator is committing or is about to commit an illegal act that infringes on their personal rights, and fails to stop it in a timely manner will cause irreparable damage to their legitimate rights and interests, and applies to the people's court for measures to order the perpetrator to stop the relevant act in accordance with Article 297 of the Civil Code, the people's court may, according to the specific circumstances of the case, make an injunction against the infringement of personal rights in accordance with the law.

16. Initiate public interest litigation in accordance with the law. If online violence harms public interests, the People's Procuratorate may file a public interest lawsuit with the People's Court in accordance with the law.

If a network service provider fails to fulfill its information network security management obligations in accordance with the law regarding the discovered information of online violence, resulting in the widespread dissemination of illegal information or other serious circumstances that harm public interests, the people's procuratorate may file a public interest lawsuit with the people's court in accordance with the law.

4. implement the relevant work requirements, and effectively improve the comprehensive management measures

17. Effectively protect the rights and interests of victims. In view of the fact that the spread of relevant online violence information is wide, the harm is great, and the impact is difficult to eliminate, it is necessary to release case progress information to the society in a timely manner in accordance with the law, clarify the truth, and effectively eliminate adverse effects. Apply the leniency system of confession and punishment in accordance with the law, urge the defendant to plead guilty and punish, sincerely repent, and publicly apologize through the media to achieve effective protection of the victim's personality rights.

18. Strengthen connection and cooperation. People's courts, people's procuratorates, and public security organs should strengthen communication and coordination, unify law enforcement and judicial concepts, unify understanding of the characterization and case handling procedures of online violence, orderly connect private prosecution procedures with public prosecution procedures, and ensure the smooth investigation, prosecution, and trial of cases. For major, sensitive, and complex cases, public security organs should promptly listen to the opinions and suggestions of the People's Procuratorate to ensure that the cases are handled in accordance with the law and steadily.

19. Carry out legal publicity. We must conscientiously implement the legal responsibility system of "whoever enforces the law, who popularizes the law", and fully play the role of rule guidance, value orientation, and behavioral norms in law enforcement and case handling. Timely release typical cases of online violence, clearly convey to society that "cyberspace is not beyond the law", educate and guide netizens to consciously abide by the law, and lead the trend of social civilization.

20. Promote comprehensive governance of online violence. Based on the law enforcement and judicial functions, on the basis of handling cases related to online violence in accordance with the law, we will carry out effective source control, deeply analyze the root causes that breed and promote online violence, proactively propose judicial and prosecutorial suggestions to relevant regulatory departments, promote the continuous improvement of long-term mechanisms for online violence governance, fundamentally reduce the occurrence of online violence, and create a clear online space.

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