What should we do? The prosecutor teaches you how to deal with online risks, as children become addicted to games and suffer from cyberbullying
The internet is closely related to our daily lives, but the accompanying risks such as internet addiction, illegal infringement, cyberbullying, and personal information leakage also pose challenges to everyone's lives. Especially for teenagers, lack of sufficient recognition and prevention abilities may have a negative impact on their growth. With the arrival of the National Cybersecurity Awareness Week, the program "Smart Cube" by East Shanghai Voice invited prosecutor Cao Ying and prosecutor assistant Gao Jingyi from the Purple Lilac Team of the Pudong New Area Prosecutor's Office to enter the FM106.5 live broadcast room and interact with everyone on the topic of network security risk prevention.
Prosecutor Cao first pointed out that the internet is like a double-edged sword, bringing us many conveniences. However, once minors become addicted to the internet, it will seriously damage their physical and mental health. In the criminal cases related to minors handled by prosecutors, some children end up committing crimes due to addiction to online games.
In the practical work of prosecution, prosecutors have also found that some minors use their parents' accounts to play online games, bypass the identity authentication levels set by online games, and are not limited by time. So parents must manage their identity information and online accounts well. If your child comes over with a phone or PAD to scan your face for facial recognition, you should be cautious. Manage your identity information and electronic account well, and do not give your account to children for use.
The new semester has begun, and students have returned to campus from home and started their collective life. The prosecutor reminds students to make psychological adjustments, consciously stay away from student bullying, and not be the perpetrators of student bullying. When it comes to student bullying, prosecutor's assistant Gao Jingyi introduced that online bullying has shown a high incidence in recent years, and the harm it brings to victims is no less than physical bullying.
What are the manifestations of online bullying behavior? Gao Jingyi cited common forms, such as repeatedly using verbal violence and insulting others on the internet; Open insults in Tieba, QQ groups, WeChat groups, and other social groups; Fabricating and spreading false statements about others on the internet, attacking and defaming others. In addition, some students secretly took photos of others and made them into vulgar emojis. Some even added insulting words next to them, spreading them among their classmates. Some students, seeing that other students are unhappy, search for others through human flesh in Tieba, calling on netizens to post their personal or family privacy information online and harass them.
The harm caused by cyberbullying to minors cannot be underestimated. So, how does our country's law regulate these cyberbullying behaviors, and what legal responsibilities will students who commit cyberbullying bear? Prosecutor Cao emphasized that cyberspace is not an extralegal space. Bullying behavior that occurs in the virtual space of the internet, if it causes serious harm to the victim and touches the high-voltage line of the law, the bully shall bear criminal responsibility. The charges involved include defamation, insult, and provocation.
① Defamation
Article 246 of the Criminal Law stipulates that those who fabricate facts and defame others, 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. So if someone deliberately spreads rumors online to bully or smear others, damaging their reputation, they may be suspected of defamation.
② Insult crime
A common situation is when "human flesh search" calls on others to insult and abuse the victim. Article 246 of the Criminal Law stipulates that those who publicly insult 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.
③ Crime of provoking and causing trouble
Article 293 of the Criminal Law stipulates that those who engage in acts of insulting or intimidating others, if the circumstances are heinous and disrupt social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
In addition to criminal liability, bullies may also bear civil liabilities such as compensation for losses and apologies in accordance with the provisions of the Civil Code for infringing on the personal and property rights of others.
What should I do if I encounter bullying? Prosecutor Cao teaches everyone to use the "four buttons" to protect their legitimate rights and interests:
1、 Press the save button in a timely manner to retain evidence of bullying
If you encounter campus network bullying, please remember to save relevant network information in a timely manner. You can use screenshots, screenshots, saving web pages, taking photos, and other methods to save and collect evidence. The saved content includes: specific website address, information publisher, published content, followers, number and content of posts, etc., providing evidence support for the following steps.
2、 Press the pause button in a timely manner to prevent information from spreading
According to the newly revised Law on the Protection of Minors, you can directly contact the internet service provider through your parents or yourself, inform them of the specific situation, and request them to delete, block, or disconnect the link. The law stipulates that when network service providers receive notifications, they should take necessary measures in a timely manner to stop cyberbullying and prevent the spread of information.
3、 Press the help button in a timely manner to seek help from all parties
Bullies are often weak and weak, and bullies often form groups of three or two. So, bullies should remember to seek help from schools, parents, and judicial authorities in a timely manner.
4、 Bravely press the restart button to return to normal life
Bullies can seek psychological support by communicating with their parents, family, teachers, and friends, or seeking psychological counseling from a counselor, in order to quickly overcome the haze of online bullying and return to their normal lives.
"Lilac" is a distinctive brand for the protection of minors created by the Pudong Procuratorate. With the arrival of the school season, the "Lilac" team has entered the campus and radio waves, delivering the first lesson of the rule of law for children. Prosecutors and teachers hope to plant a legal seed in the hearts of young children, helping them comprehensively improve their legal literacy, stay away from illegal activities, and share the beauty and joy of growth!
Text: Cai Yan
Official WeChat from Pudong