Which law did the rumor violate?

If malicious rumors and slanders infringe upon the reputation rights of the parties, the parties may bring a lawsuit to the court and demand the other party to bear the tort liability. If serious consequences are caused, it is suspected to constitute a crime of defamation. Rumors spread through online media (such as Weibo, foreign websites, online forums, social networking sites and chat software). ) has no factual basis and is aggressive and purposeful. Mainly involved in emergencies, public affairs, political figures, subversion of tradition, deviance and so on. The spread of rumors is sudden and extremely fast, and it is easy to have a negative impact on the normal social order.

First, the responsibility of spreading rumors:

1, civil liability

That is, spreading rumors infringes on citizens' personal reputation or infringes on the goodwill of legal persons, according to the provisions of the General Principles of Civil Law of China, they should bear the responsibility of stopping the infringement, restoring reputation, eliminating the influence, apologizing and compensating for losses.

2. Administrative responsibility

Those who spread rumors, falsely report dangerous situations, epidemic situations or police situations, or intentionally disturb public order by other means, or openly insult others or fabricate facts to slander others, which do not constitute a crime, shall be given administrative penalties such as detention and fines in accordance with the Law on Public Security Administration Punishment.

3. Criminal responsibility

Second, the right protection measures for online defamation:

1. Collect relevant online rumor evidence, such as the preservation of rumor content. If it is in the form of pictures or words, you can collect evidence by saving relevant pictures and screenshots of website articles.

2. Complain to the relevant network platforms and ask for the deletion of online rumors. That is to complain to the operator of the rumor publishing network platform. If the rumor infringement is not serious, it is suggested that this method can be adopted, and at the same time, a letter can be sent to ask the other party to stop the infringement.

3. Direct prosecution. It is also a good way to stop the infringement through civil prosecution, but the evidence must be fixed in advance before the lawsuit. Because of the infringement of online rumors, the infringer can delete the content with a click of the mouse, and it is really a dumb person who eats Rhizoma Coptidis.

Third, the determination of libel

1, the boundary between this crime and public security infringement and civil infringement

Defamation must spread fabricated and false facts. If you spread objective facts, it will do harm to others' personality and reputation, but it does not constitute libel. And reputation infringement, even if the content is true, such as exposing others' privacy for the purpose of damaging others' reputation, the more true it is, the worse its infringement nature is.

2. The boundary between this crime and the crime of insult.

The object of these two crimes is the personality and reputation of others. The main differences are:

(1) Insult is not fabricated, but slander must be fabricated facts.

(2) Insults include violent insults, and libel does not use violent means.

(3) Insult is often carried out in front of the victim, while slander is spread in public or to a third party.

3. The boundary between this crime and the crime of false accusation and framing.

Both of them are aimed at specific objects and implemented by fabricating facts. The difference is:

(1) The fabricated facts are different. False accusation and frame-up are fabricated criminal facts, while libel is fabricated facts that can damage others' personality and reputation.

(2) Different behaviors. False accusations and frame-ups are reported to government agencies and relevant departments, while libel is publicly spread or spread to third parties.

(3) Different subjective aspects. The intention of false accusation and frame-up is to subject others to criminal punishment, and slander is to damage others' personality and reputation.

4. Does libel constitute the boundary of libel?

To distinguish between libel crime and non-crime, we should pay attention to the boundary between libel crime and public security tort and civil tort. The crime of libel, which constitutes the crime of libel, must be serious, while the crime of libel in violation of public security management regulations must be limited to a range that is not enough for criminal punishment. Civil acts against the right of reputation are not only less illegal than libel and libel in violation of public security regulations, but also have the following differences:

(1) The crime of libel must spread fabricated and false facts. If you spread objective facts, it will do harm to others' personality and reputation, but it does not constitute libel. Reputation infringement, even if the content is true, will damage the personality and reputation of others as long as it is prohibited by law, and it can also constitute reputation infringement. Even the truer the facts, the more serious the infringement. For example, exposing others' privacy in order to damage their reputation, the more real it is, the worse its infringement nature is. According to article 140 of the Supreme People's Court's opinions on several issues of implementation (for trial implementation),

(2) Legal persons, groups and organizations cannot be the object of libel. In reputation infringement, legal persons, groups and organizations can all be victims. For example, spreading false news, falsely claiming that a factory's products are inferior in quality, etc. The purpose is to bring down the other side by unfair competition. Even if this behavior causes serious consequences, it can only constitute a crime of damaging business reputation and commodity reputation, but not a crime of libel;

(3) Different subjective fault requirements. The subjective aspect of libel crime must be direct intention; The subjective fault of reputation infringement includes negligence.

In addition, even if there are false elements in well-meaning accusations, exposures and criticisms, they should not be punished as libel.

Legal basis:

Criminal law of the people's Republic of China

Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

amendment of criminal law of the people's republic of china

Article 16 One paragraph is added to Article 246 of the Criminal Law as the third paragraph: "If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance."

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.