Traditional Culture Encyclopedia - Traditional festivals - What is the standard for filing libel?
What is the standard for filing libel?
Defamation refers to deliberate fabrication and dissemination of fictional facts, which is enough to degrade others' personality and damage their reputation, and the circumstances are serious.
Criteria for instituting libel proceedings:
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.
Acts that cannot constitute libel are:
1. Leaking or making public others' privacy, which has a bad influence on others' reputation, is an act of infringing on the right of reputation and does not constitute a crime of libel.
2. Legal persons, groups and organizations cannot be the targets of slander.
3. Even if there are false elements in the report, exposure and criticism in good faith, it should not be punished as libel.
Legal objectivity:
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.
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