It can be sued. If you encounter malicious slander by others, you can ask the malicious slanderer to eliminate the influence and apologize. If the malicious slander is serious, you can sue the slanderer in court. Defamatory behavior, if the circumstances are serious, constitutes the crime of defamation. If negotiation fails, evidence can be collected in a timely manner, and the defendant can be sued in the court where the defendant is located to bear civil tort liability, apologize, and compensate for mental losses.
Legal Analysis
To file a criminal private prosecution for defamation in court, the party concerned also needs to provide a written document, that is, a criminal private prosecution, and then the court will decide whether to file the case after review accepted. In reality, not all defamation acts will constitute a crime and must meet the conditions stipulated by law. Being insulted and slandered by others will certainly be a huge psychological blow to the injured party, and may even affect future work and life. For this reason, many parties or their families will definitely want the slanderer to make relevant apologies and compensation. However, many people If you don’t know, you may also be able to obtain compensation for emotional distress if you defamation. It can be known from the provisions of the "Criminal Law" that generally if someone insults others personally in public through violence or other means, or fabricates facts to slander others, when the circumstances are serious, Then it will be dealt with as defamation. At this time, the perpetrator is often sentenced to fixed-term imprisonment of less than three years, criminal detention, or surveillance. Of course, the perpetrator may also be directly sentenced to deprivation of political rights. It can be seen from this that if you are slandered by others or discover serious rumors, you can call the police. However, it should be noted that according to the provisions of the criminal law, most defamation cases are handled only upon complaint. Therefore, the victim in the case often needs to collect relevant evidence by himself and then go to the court to file a criminal private prosecution. If the evidence is not sufficient and effective, Then it is very likely that the other party will not be held criminally responsible.
Legal Basis
Article 246 of the "Criminal Law of the People's Republic of China": Using violence or other methods to openly insult others or fabricating facts to slander others, 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. The crimes in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests. If the victim commits an act specified in paragraph 1 through an information network and reports it to the People's Court, but it is really difficult to provide evidence, the People's Court may request the public security organs to provide assistance.