Rumor refers to remarks that are fabricated and popularized by certain means without corresponding factual basis.
Anyone who fabricates and spreads online rumors under the control of free will should bear corresponding legal responsibilities for his actions. In order to crack down on online rumors, there are three levels of accountability for rumors:
First, civil liability. If spreading rumors infringes on a citizen's personal reputation or infringes on the goodwill of a legal person, according to the provisions of China's General Principles of the Civil Law, it shall bear the responsibility of stopping the infringement, restoring the reputation, eliminating the influence, making an apology and compensating for the losses.
The second is administrative responsibility. Spreading rumors, lying about dangerous situations, epidemic situations and 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, shall be given administrative penalties such as detention and fines in accordance with the Law on Public Security Administration Punishment.
The third is criminal responsibility. Whoever spreads rumors and constitutes a crime shall be investigated for criminal responsibility in accordance with the provisions of China's criminal law.
The Criminal Law and the National People's Congress Standing Committee (NPCSC)'s Decision on Safeguarding Internet Security stipulate the crimes of inciting secession, inciting subversion of state power, fabricating and disseminating false information in securities and futures trading, damaging business reputation and commodity reputation, libel, inciting ethnic hatred and discrimination, publishing discrimination, insulting works of ethnic minorities, inciting violence to resist law enforcement, fabricating and deliberately disseminating false terrorist information, and inciting soldiers to flee the army. For example, creating online political rumors to incite secession should be considered as the crime of inciting secession. Whoever fabricates and disseminates false terrorist information on the Internet to the extent of seriously disturbing social order will be convicted and punished for fabricating and intentionally disseminating false terrorist information.
First, how to bid farewell to people's infringement of reputation rights
According to the civil procedure, farewell violates the right of reputation. Under normal circumstances, submit a complaint to the court to see if the court will accept it. After accepting the case, the relevant evidence materials will be handed over, and finally the court will be notified to open the court. There are some aspects of review activities during the court session. Disputes over the right of reputation generally belong to civil disputes, and civil litigation is only civil litigation. The main procedures of civil litigation include prosecution by the parties, acceptance by the people's court, trial judgment, appeal by the parties, trial judgment by the court of second instance, retrial procedure and execution procedure.
When bringing a lawsuit, a complaint shall be submitted to the people's court, and a copy of the complaint shall be submitted according to the number of defendants. The complaint shall include the following contents:
1, the situation of the parties. If the party concerned is an individual, his name, gender, age, nationality, occupation, work unit, residence, etc. It should be explained; If there is an agent, the name, domicile, work unit and relationship with the parties shall also be stated. If the party is a legal person or other organization, it shall specify the name of the legal person or organization, the address of the unit, the name and position of the legal representative or principal responsible person.
2. The plaintiff's request and the facts and reasons on which it is based.
3. Evidence and sources of evidence, names and residences of witnesses, etc.
4. Name of the court, year, month and day of prosecution, signature or seal of the prosecutor.
Second, how to identify the infringement of the right of reputation
1. The actor objectively has a fact that damages the reputation of others and is known by a third party. The infringer has insulted or slandered. There are two ways of libel: oral and written. Its contents include fabricating and spreading all false facts that damage others' reputation, such as crimes of libel, bad conduct, low quality and ability, and poor corporate image.
2. The actor is subjectively at fault. From a legal point of view, the subjective fault of public figures in bringing a lawsuit of reputation infringement should be based on whether the actor has actual malice. Even if there is no actual malicious behavior, it should not be considered as infringement. This kind of fault includes intention and negligence. Intention refers to actively pursuing this result knowing that one's actions will damage the reputation of others. If the circumstances are serious, it will constitute a crime of insult or slander.
Legal basis: Paragraph 2 of Article 12 of the Cyber Security Law.
When using the Internet, any individual or organization shall abide by the constitutional law, observe public order and respect social morality, and shall not endanger network security, use the Internet to endanger national security, honor and interests, incite subversion of state power and overthrow the socialist system, incite secession, undermine national unity, publicize terrorism and extremism, publicize ethnic hatred and discrimination, disseminate violent, obscene and pornographic information, fabricate and disseminate false information, and disrupt economic order.