September 9th, the Supreme Court, the Supreme People’s Procuratorate jointly issued "on the handling of the information network of defamation on some issues of applicable law in Criminal Cases Interpretation" (hereinafter referred to as the "interpretation"), and since September 10th formally implemented.
recently, the public security organs against the spread of rumors, such as blackmail and impose exactions on Cybercrime action raging like a storm, has dealt with the Qin fire fire, Zhou Lubao, Zhong Wei and many other network violations, involving affray, illegal business, such as a number of blackmail and impose exactions on criminal field.
interpretation of a total of ten, mainly for the implementation of the use of information network defamation, disturb, blackmail and impose exactions on illegal business and other crimes conviction and sentencing standards of regulations.
in particular, in the current "Network Anti-corruption", "micro-blog corruption" of the anti-corruption work has played a positive role in the situation, the Supreme Court spokesman Sun Jungong pointed out that even if the report, part of the contents of disclosure untrue, as long as the real thing not fabricated deliberately slander others, or not knowing is the fact of others the reputation of the fabricated damage and spread on the information network, it should not be for libel criminal responsibility.
forward 500 times can be sentenced to
explained firstly using the information network implementation of defamation crime provisions, which is the majority of users with the use of information network "Network Anti-corruption", "micro-blog corruption" is most closely related.
in accordance with the interpretation of the provisions of Article 1, libelous facts, spread on the information network, or organization, personnel to spread the information network; information network to the original information content of others tampering with the libelous facts, scattered on the information network, or organization, personnel to spread in the information network, with one of the two cases, can be identified as "fabricating facts to slander others".
but in reality, a lot of information, especially to report corruption information, the survey results released by the relevant departments, the public is difficult to clear the truth or not. The public participation in such events, but also to the final treatment results have an important impact.
in this regard, Sun Jungong said that the majority of Internet users through the information network to report, expose other violations of law and discipline, the relevant departments should be taken seriously, responsible for verification, timely publication of the findings. Even if the report, part of the contents of disclosure of false, if not deliberate, or not knowingly fabricated libelous, not for libel criminal responsibility.
in accordance with the provisions of article 243rd of the criminal law, identified as fabricating facts slander others behavior, serious cases can be identified as libel.
explained according to the characteristics of Internet defamation, in the identification of "serious" on specially made a provision, the same information is actually defamatory click browse more than five thousand times the number, or be forwarded more than five hundred times the number that can be identified as ">