Malicious slander of stars may be suspected of libel. The civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering. Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects. Deliberately defaming the reputation of the person who slandered her, suspected of libel, refers to deliberately fabricating and spreading fictional facts, which is enough to degrade the personality of others and damage their reputation, and the circumstances are serious.
According to the provisions of Article 246 of the Criminal Law of People's Republic of China (PRC), the crime of insult refers to an act that publicly insults the personality of others and damages their reputation by violence or other means, and the circumstances are serious.
The crime of insult objectively uses violence or other methods to publicly slander others; Subjectively, it can only be intentional, that is, the actor knows that his insulting behavior will cause damage to the reputation of others, and hopes or allows this result to happen. In addition, according to the criminal law, only serious insults constitute this crime.
Those who may constitute an insult shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
However, it should be noted that the general abusive behavior infringes on the other party's reputation right and constitutes civil tort liability. According to the provisions of Article 42 of the Law on Public Security Administration Punishment, a person shall be detained for not more than five days or fined not more than five hundred yuan. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. If the circumstances are serious, such as bad means and serious consequences of humiliation (such as the victim committing suicide because of humiliation, mental disorder caused by humiliation, etc.). ), and repeatedly insulted, constitutes an insult, punishable by fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
How to deal with slander
After being slandered, the infringer may be required to stop the infringement, apologize and compensate for the losses. If negotiation fails, you can call the police directly. If the circumstances are minor, the public security organ shall impose administrative punishment according to the Law on Public Security Administration Punishment, and if the case constitutes a crime, criminal detention shall be imposed. Or bring a lawsuit to the people's court.
Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others. Article 246 of the Criminal Law: Offences of insult and slander. Whoever publicly insults others by violence or other means or fabricates 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 mentioned in the preceding paragraph, 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.
Article 2 of the Tort Liability Law infringes upon civil rights and interests and shall bear tort liability in accordance with this Law. The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Fifteenth ways to bear tort liability are:
(1) Stop the infringement.
(2) Remove obstacles
(3) eliminate the danger
(4) Return property
5] Restore to the original state.
(6) Compensation for losses
(7) apologize
(eight) to eliminate the influence and restore the reputation.
Third, how to deal with the slander of others?
The defamed person who slanders the reputation of others may bring a lawsuit to the people's court, and the people's court may, according to the actual situation, judge the actor to stop the infringement, eliminate the influence and make an apology; If actual losses are caused to the defamed person, compensation may be paid.
Legal basis:
Article 246 of the Criminal Law Whoever publicly insults others by violence or other means or fabricates 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.
Article 1024 of the Civil Code of People's Republic of China (PRC) enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering. Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.