Conviction criteria for spreading rumors

Rumor refers to remarks that are fabricated and popularized by certain means without corresponding factual basis. It is a rumor to fabricate and spread statements that are different or even contrary to the facts on the premise that the audience does not express or imply fiction.

From the media classification, it can be divided into 1, oral rumors. 2. Rumors spread by traditional media, such as newspaper rumors and TV rumors. 3, online rumors, etc.

Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan:

(a) spreading rumors, lying about dangerous situations, epidemic situations, police situations or deliberately disturbing public order by other means;

(two) throwing fake explosions, toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances to disturb public order;

(3) Threatening to set fire, explode or throw dangerous substances to disturb public order.

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. A person who meets the following conditions constitutes libel:

1, there must be some fabrication.

There must be acts of spreading and fabricating facts.

Defamation must be directed at a specific person.

4. The act of fabricating facts and slandering others must be serious to constitute this crime.

If the online rumor is serious, it will constitute a crime of defamation.

Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 246th of the Criminal Law:

(1) The same defamatory information has actually been clicked or viewed more than 5,000 times, or has been forwarded more than 500 times; (2) Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives;

(3) Defaming others within two years after being punished by administrative punishment for defamation;

(4) Other serious circumstances.

Legal basis:

Article 291-1 of the Criminal Law (Crime of fabricating and intentionally spreading false information) Whoever fabricates false danger, epidemic situation, disaster situation and early warning information and spreads it on information networks or other media, or knowingly and intentionally spreads it on information networks or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.