The specific analysis for you is as follows:
First, the administrative punishment of online rumors
Those who spread rumors, falsely report dangerous situations, epidemic situations or police situations, or intentionally disturb public order by other means, or openly insult others or fabricate facts to slander others, which do not constitute a crime, shall be given administrative penalties such as detention and fines in accordance with the Law on Public Security Administration Punishment.
Legal basis: 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. "
Second, the civil liability of online rumors
Anyone who spreads rumors and infringes on other people's personal rights such as reputation, honor and privacy shall bear the responsibility of stopping the infringement, restoring reputation, eliminating the influence, apologizing and compensating for losses according to the relevant provisions of China's Civil Code.
Legal basis: Article 995 of the Civil Law "If the right of personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this law and other laws. The right of the victim to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore the reputation and apologize is not applicable to the statute of limitations. "
Article 1027 of the Civil Law: "If the literary and artistic works published by the actor describe real people or specific people and contain insulting or defamatory contents, the victim has the right to request the actor to bear civil liability according to law.
The literary and artistic works published by the actor are not described by a specific person, and only those whose plots are similar to those of that specific person will not bear civil liability. "
Article 1028 of the Civil Code: "If a civil subject has evidence to prove that the contents reported by newspapers, internet and other media are inaccurate and infringe on his reputation right, he has the right to request the media to take necessary measures such as correction or deletion in time."
Article 179 of the Civil Code bears civil liability mainly in the following ways: (1) Stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. "
Third, the criminal responsibility of online rumor crime.
If online rumors seriously affect social order and constitute a crime, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance in accordance with the relevant provisions of the Criminal Law; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The specific analysis for you is as follows:
Legal basis: Article 291-1 of the Criminal Law of People's Republic of China (PRC) stipulates, "Whoever fabricates false danger, epidemic situation, disaster situation and early warning information and spreads it on the information network or other media, or knowingly spreads it on the information network or other media, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "
4. How many times can a post rumor be forwarded and sentenced?
According to the crime of insult and slander in Article 246 of the Criminal Law, "insulting others openly by violence or other means or fabricating facts to slander others. If the circumstances are serious, they 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. "
Judicial interpretation stipulates that in any of the following circumstances, it shall be deemed as "fabricating facts to slander others" as stipulated in the first paragraph of Article 246 of the Criminal Law: First, 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; The second is to tamper with the original information content involving others on the information network as a fact that damages others' reputation and spread it on the information network, or organize and instruct personnel to spread it on the information network; In addition, 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".
At the same time, the judicial interpretation also clarified the criteria for the use of information networks to carry out defamation, that is, the determination of "serious circumstances". The judicial interpretation published yesterday made it clear that in any of the following circumstances, if someone slanders others through the information network, it should be considered as "serious circumstances" as stipulated in the first paragraph of Article 246 of the Criminal Law: First, the same defamatory information has actually been clicked, viewed more than 5,000 times, or forwarded more than 500 times; Second, it causes serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives; Third, he has received administrative punishment for libel within two years and slandered others; Fourth, other serious circumstances.