"Two High Schools and One Department" Issue Guiding Opinions to Strictly Punish Cyber Violence and Illegal Crimes in accordance with the Law

2023-09-26

Although the internet is a virtual space, it is never a place outside the law! "The relevant person in charge of the Research Office of the Supreme People's Court stated that allowing internet abusers to be subject to due legal sanctions, safeguarding citizens' rights and interests in accordance with the law, and purifying the online ecosystem are inevitable requirements for responding to social concerns and practicing the people-centered development concept. On the 25th, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security held a press conference to report on the relevant situation of the "Guiding Opinions on the Legal Punishment of Cyber Violence and Crime". It is reported that during the process of formulating opinions, people from all walks of life have put forward more than 50000 suggestions through online and offline means. In recent years, there has been a significant increase in criminal cases of insult and defamation, many of which are cases of online insult and defamation. At the same time, the proportion of guilty judgments is relatively low. The person in charge of the Supreme Court Research Office stated that this is related to the practical difficulties faced by private prosecutors in identifying perpetrators of online violence and collecting evidence, as well as the lack of detailed guidance and "high threshold" for prosecution standards in criminal cases of insult and defamation. To this end, the opinions further clarify the legal application standards, smooth criminal prosecution procedures, and provide timely and effective legal remedies for victims of cyberviolence. The opinion stipulates that those who openly insult others or fabricate facts to defame others on the information network, if the circumstances are serious, shall be convicted and punished for the crime of insult or defamation; Organizing "human flesh search" to illegally collect and publish personal information of citizens to an unspecified majority of people, and if the circumstances are serious, the crime of infringing on personal information of citizens shall be convicted and punished. In addition, malicious marketing hype carried out through online violence incidents can be subject to the crime of illegal use of information networks; The crime of refusing to fulfill the obligation of information network security management may be applicable to the behavior of not fulfilling the obligation of information network security management in accordance with the law for the discovered network violence information. The opinion requires that the spirit of strict punishment should be reflected in the illegal and criminal activities of online violence, so that the people can fully feel fairness and justice. We should focus on cracking down on malicious initiators, organizers, malicious promoters, and those who persist in teaching. Those who engage in online violence against minors and disabled individuals, organize "water armies" and "thugs" to engage in online violence, fabricate "sexual" topics that infringe on the personal dignity of others, use generative artificial intelligence technologies such as "deep synthesis" to publish illegal information, and initiate or organize online violence by network service providers shall be punished severely in accordance with the law. Those who engage in acts of online violence such as online insults and defamation, which do not yet constitute a crime and comply with the provisions of the Public Security Management Punishment Law, shall be subject to administrative penalties in accordance with the law. In order to support civil rights protection against online violence in accordance with the law, the opinion stipulates that 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. 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 failure to stop it in a timely manner will cause irreparable damage to their legitimate rights and interests, the people's court may, based on the application of the right holder, make an injunction against the infringement of personal rights in accordance with the law. (New News Agency)

Edit:Wang Chen    Responsible editor:Zhou Shu

Source:GMW.cn

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