2. If it is just a general verbal attack or slander, it can be handled in accordance with civil law.
I suggest you collect online evidence and tell the infringer that if his behavior continues, he will be investigated for criminal responsibility according to law. The evidence on the internet is those posts.
Rumor makers need to bear legal responsibility, especially in today's era of advanced information. In the new media based on the Internet, it is consistent to bear legal responsibility in real life. The reason is that spreading rumors on the Internet infringes on the individual rights of citizens or legal persons and endangers the social management order.
What is the nature of rumors? The essence of rumors is to make them out of nothing. There are many kinds of rumors, including political rumors, business rumors and social rumors. But no matter what kind of rumors are spread far away from the facts, their makers have more or less certain purposes, not just more often.
So; Spread rumors or assume the following responsibilities:
First, civil liability, that is, if spreading rumors infringes on citizens' personal reputation or infringes on the goodwill of legal persons, according to the provisions of China's General Principles of Civil Law, it is responsible for stopping the infringement, restoring reputation, eliminating the influence, apologizing and compensating for losses; The most typical is the infringement of the right of reputation, which refers to the violation of human rights because literary works, notices, behavioral language or other forms have a negative impact on the reputation of the parties concerned.
The responsibility of reputation infringement is: according to the fact that the victim's reputation is damaged (damage fact), the actor's behavior is illegal (infringement), there is a causal relationship between illegal behavior and damage consequences (causality), and the actor is subjectively at fault (fault), these four elements of infringement are identified.
Anyone who damages the reputation of others due to serious misrepresentation in news reports shall be deemed as reputation infringement. Here, two elements are emphasized: serious inaccuracy in news reports and damage to others' reputation, both of which are indispensable at the same time.
The most famous case of reputation infringement is Xie Jin's reputation infringement case. In this case, the court held that Xie Jin was a film director with both ability and political integrity. Some people took advantage of Xie Jin's death, at the opportunity of news reporting, and used the internet to commit infringement, so that Xie Jin's reputation right was illegally infringed on a larger scale. The subjective fault of the rumor maker is very serious, and the infringement means adopted are very bad. The court decided to immediately stop the infringement of the right of reputation, and published a public apology statement in a prominent position on websites and newspapers. Compensate Xie Jin's family for economic losses and mental damages.
The second is administrative responsibility, that is, spreading rumors, falsely reporting dangerous situations, epidemic situations, police situations or intentionally disturbing public order by other means, or openly insulting others or fabricating facts to slander others, which does not constitute a crime, should be given administrative penalties such as detention and fines according to the Law on Public Security Administration Punishment;
The legal basis is:
Article 25 of the Law on Public Security Administration Punishment stipulates: "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 up to 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. "
Therefore, if rumors are spread, the public security organ can punish the perpetrator according to the above provisions, and the police station will summon, verify and punish the perpetrator with a summons card according to the provisions.
For example, recently, some people in Jinzhong, Taiyuan, Lvliang, Changzhi, Yangquan and other places left their homes because of "earthquake rumors" and poured into the streets to avoid earthquakes, which seriously disrupted people's hearts and local life and production order. After the incident, the public security organs immediately launched an investigation into the source of the rumor. On February 25th, five people who spread "earthquake rumors" were punished by administrative detention.
Recently, some netizens fabricated and spread rumors on the Internet, especially in Weibo, which caused bad social impact. Beijing public security organs quickly launched an investigation. According to relevant laws and regulations, six people, including Li and Tang, who fabricated rumors on the Internet were detained according to law, and other people who spread relevant rumors on the Internet were educated and admonished. Relevant personnel confessed to fabricating and spreading rumors, expressed remorse for their actions and made a review.
The third is criminal responsibility, that is, spreading rumors, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.
Article 246 Crimes of insult and slander: 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.
Article 291 Crime of fabricating and intentionally spreading false terrorist information Whoever fabricates terrorist information such as explosion threat, biochemical threat, radiation threat, or intentionally spreads it knowing that it is fabricated terrorist information, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than five years.
Cost analysis:
Defamation: it is a serious act to deliberately fabricate and spread certain facts and damage the reputation and personality of others.
The main features of this crime are:
(1) Subjectively, it is intentional and has the purpose of damaging the reputation and personality of others.
(2) Objectively speaking, it is a serious act that the actor fabricated some facts and spread them.
If the facts spread are true, even if they are ugly to others, they do not constitute this crime. The way to slander others, words and words can be used.
Thus, the crime of libel that constitutes the crime of libel must be serious, and the crime of libel that violates public security management regulations must be limited within the scope of insufficient 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 realistic it is, the worse its tort nature is. According to article 140 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation), disclosing and publicizing others' privacy will have a negative impact on their reputation, which is an act of infringement of the right of reputation and does not constitute a crime of libel.
(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.
Although the network is a virtual world, it is against the law to spread rumors in this virtual world, and we should bear corresponding legal responsibilities. With the rapid development of Internet technology, on the one hand, the Internet has brought great convenience to people's lives and promoted economic and social development, but it has also provided a channel for some people to spread rumors on the Internet. Because the network spreads widely, network rumors should be controlled.
In recent years, illegal and criminal activities through the Internet are increasing. For some time, the problem of online rumors has been more prominent. This kind of behavior also has particularity in subject, behavior characteristics, infringing object and so on. For example, the subject of behavior involves both malicious rumors and a large number of netizens who do not know the truth.
China's "Administrative Measures for Internet Information Services" and "Regulations on the Administration of Internet Service Sites" and other relevant regulations also clarify that Internet service providers may not produce, copy, publish or spread information that endangers national security, spreads rumors, disrupts social order, undermines social stability or insults and slanders others.