Internet police and Law Popularization: to use information network to spread rumors, we must bear legal responsibility

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 Internet police and Law Popularization: to use information network to spread rumors, we must bear legal responsibility


Cyberspace is not a place outside the law. Everyone should abide by the laws and regulations, follow the requirements of the unified deployment of government departments at all levels, and work together to overcome the difficulties. Public security organs will investigate and crack down on the illegal and criminal acts of fabricating rumors and deliberately spreading false information through information networks.

No individual or organization may use the information network to make up false information concerning the pneumonia epidemic situation caused by the new coronavirus, or knowingly spread the false information on the information network on purpose to disturb the social order.

Relevant legal basis: Article 12 (2) of the network security law

Any individual or organization using the Internet shall abide by the Constitution and laws, observe public order, respect social morality, do not endanger the Internet security, do not use the Internet to do harm to national security, honor and interests, incite subversion of state power, overthrow the socialist system, incite division of the country, undermine national unity, propagate terrorism and extremism, and propagate national hatred and people Ethnic discrimination, dissemination of violent, obscene and pornographic information, fabrication and dissemination of false information to disrupt economic and social order, as well as infringement of other peoples reputation, privacy, intellectual property rights and other legitimate rights and interests.

Two

Internet information service providers should strictly implement the obligation of information network security management in accordance with the law, and timely discover and dispose the information containing the false epidemic content of pneumonia infected by new coronavirus.

Relevant legal basis: Article 47 of network security law

Article 15 of measures for the administration of Internet information services

Internet information service providers shall not produce, copy, publish or disseminate information containing:

uff081uff09 Opposing the basic principles established by the constitution;

uff082uff09 Endangering national security, divulging state secrets, subverting state power and undermining national unity;

uff083uff09 Damaging the honor and interests of the state;

uff084uff09 Inciting national hatred or discrimination and undermining national unity;

uff085uff09 Those who undermine the states religious policies and propagate heresy and feudal superstition;

uff086uff09 Spreading rumors, disturbing social order and destroying social stability;

uff087uff09 Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;

uff088uff09 Insulting or slandering others and infringing upon the legitimate rights and interests of others;

uff089uff09 Containing other contents prohibited by laws and administrative regulations.

Three

Anyone who fabricates false information about the epidemic situation of pneumonia infected by the new coronavirus, falsely reports the epidemic situation and intentionally disturbs the social order, thus constituting a violation of public security administration, may be detained for up to 10 days and fined 500 yuan.

Relevant legal basis: Article 25 of Public Security Management Punishment Law

Whoever commits one of the following acts shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan:

uff081uff09 Spreading rumors, falsely reporting danger, epidemic situation, police situation or deliberately disturbing public order by other means;

uff082uff09 Putting in false explosive, toxic, radioactive, corrosive substances or pathogens of infectious diseases and other dangerous substances to disturb public order;

uff083uff09 Threatening to set fire, explode or put in dangerous substances to disturb public order.

Four

Whoever fabricates or intentionally disseminates false information about the epidemic situation of pneumonia involving new coronavirus infection, thus seriously disrupting social order and constituting a crime may be sentenced to a maximum of ten years imprisonment.

Relevant legal basis:

1. Article 26 of the law on administrative penalties for public security

Whoever commits one of the following acts shall be detained for not less than five days but not more than 10 days and may also be fined not more than 500 yuan; if the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days and may also be fined not more than 1000 yuan:

uff081uff09 Gang fighting;

uff082uff09 Chasing or intercepting others;

uff083uff09 Forcibly demanding or arbitrarily damaging or occupying public or private property;

2. Section 2 of article 291-1 of the criminal law [crime of fabricating and intentionally disseminating false information

Whoever fabricates any false dangerous situation, epidemic situation, disaster situation or police situation, spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disturbing the 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 293 crime of provocation

Whoever commits one of the following acts of provocation and trouble making and sabotages social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

uff081uff09 Beating another person at will, if the circumstances are flagrant;

uff082uff09 Chasing, intercepting, abusing or intimidating others, and the circumstances are flagrant;

uff083uff09 Forcibly demanding or arbitrarily damaging or occupying public or private property, if the circumstances are serious;

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});))); 3. Interpretation of several issues concerning the application of law in criminal cases such as defamation through information network. Article 5 fabricates false information, or knowingly disseminates false information on information network, or organizes and instructs personnel to work on information network Whoever spreads or causes trouble on the network, thus causing serious disorder of public order, shall be convicted and punished for the crime of provoking trouble in accordance with the provisions of item (4) of the first paragraph of article 293 of the criminal law.

3. Article 5 of the interpretation on the application of law in criminal cases such as defamation through information network

Whoever fabricates false information, or knowingly fabricates false information, spreads it on the information network, or organizes or instructs personnel to spread it on the information network, causing disturbances and causing serious disorder of public order, shall be convicted and punished for the crime of provocation in accordance with the provisions of paragraph 1 (4) of article 293 of the criminal law.