If the circumstances are serious, it will constitute a criminal offence and can be investigated for criminal responsibility. The standard for filing cyber violence is to use information network to abuse violence and coerce others, and to fabricate false facts to slander others' reputation rights. The same defamatory information has actually been clicked, viewed more than 5000 times, or forwarded more than 500 times;

Sentencing standards for cyber violence include:

1. Whoever publicly insults others or fabricates facts to slander others by violence or other means, 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;

2. Having committed the crime mentioned in the preceding paragraph and being told to deal with it, but seriously endangering social order and national interests.

The elements of cyber violence include:

1, expression form. Netizens publish unconfirmed or confirmed harmful, insulting and inflammatory false statements about network events on the Internet, which damages the reputation of the parties, exposes the personal privacy of the parties in real life on the Internet, infringes on their privacy rights, and invades the normal life of the parties and their relatives and friends with actions and statements, and damages their personal rights.

2. Formally. Cyber violence in the form of words, pictures and videos. To sum up, cyber violence refers to personal attacks on others in the form of words, pictures and videos. It belongs to the violent behavior of netizens on the internet and is an extension of social violence on the internet. Its harm is serious and its influence is bad, which can cause reputation damage and mental damage to the parties, break through the moral bottom line, and is often accompanied by infringement and illegal and criminal acts. Cyber violence with serious consequences will be put on file.

Legal basis:

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Defamation by Information Network.

first

In any of the following circumstances, it shall be deemed as "fabricating facts to slander others" as stipulated in the first paragraph of Article 246th of the Criminal Law:

(a) fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or instructing personnel to spread them on the information network;

(2) Tampering with the original information content involving others on the information network as a fact that damages the reputation of others, spreading it on the information network, or organizing or instructing personnel to spread it on the information network; Knowing that it is a fabricated fact that damages the reputation of others and spreads it on the information network, if the circumstances are bad, it is regarded as "fabricating facts to slander others".

criminal law

Article 246 1

"fabricating facts and slandering others":

(a) fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or instructing personnel to spread them on the information network;

(2) Tampering with the original information content involving others on the information network as a fact that damages the reputation of others, spreading it on the information network, or organizing or instructing personnel to spread it on the information network;

Knowing that it is a fabricated fact that damages the reputation of others and spreads it on the information network, if the circumstances are bad, it is regarded as "fabricating facts to slander others".

criminal law

Article 246 1

"The circumstances are serious":

(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.

criminal law

Article 246, paragraph 2

Seriously endangering social order and national interests;

(1) Causing mass incidents;

(2) Causing public disorder;

(3) Causing ethnic and religious conflicts;

(four) slander many people, causing adverse social impact;

(5) Damaging the national image and seriously endangering the national interests;

(6) Causing adverse international influence;

(seven) other circumstances that seriously endanger social order and national interests.

If the act of slandering others by using the information network for many times within one year has not been dealt with, and the cumulative number of times that defamatory information is actually clicked, browsed and forwarded constitutes a crime, it shall be convicted and punished according to law.

criminal law

Article 293, paragraph 1 (2)

Convicted and punished for the crime of stirring up trouble.

Fabricating false information, or spreading it on the information network knowing it is false information, or organizing or instructing personnel to spread it on the information network, causing serious public disorder.

If cyber violence is used, others will have relatively minor consequences to society, and the parties concerned will usually be given administrative punishment, detention or fine. However, if the parties have caused serious physical and mental damage to others because of particularly serious cyber violence, then the parties are likely to bear corresponding criminal responsibilities in addition to civil responsibilities.