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China to punish web users who spread rumors online
Print Edition
Spreading rumors online could land you in prison.
Chinese Internet users face up to three years in prison if they write defamatory messages which are re-posted 500 times under regulations announced yesterday. They could also be jailed if offending posts are viewed more than 5,000 times.
The guidelines announced by the Supreme People’s Court and the Supreme People’s Procuratorate stipulate people will face defamation charges if they post online rumors that elicit such a response.
If those posting rumors are repeat offenders, or if their online rumors cause harm to a victim or the victim’s immediate family, resulting in suicides or mental disorders for example, they may also face defamation charges.
In China, the crime of defamation carries a punishment of up to three years in prison or deprivation of political rights.
The judicial interpretation provides a legal reference for punishing online crimes such as slander, cases of which have increased in recent years, SPP spokesman Sun Jungong said.
Some Internet users had fabricated rumors about others and created false information about sensitive social issues, which had disrupted social order and triggered “mass incidents,” Sun told a press conference, adding the public had called for harsh punishment for such criminal activity.
“People have been hurt and the society’s reaction has been strong, demanding with one voice serious punishment by law for criminal activities like using the Internet to spread rumors and defame people,” Sun said.
“No country would consider the slander of other people as freedom of speech,” he added.
The judicial interpretation, which takes effect today, is the first of its kind to regulate online rumors in China.
It also specifies punishments for companies and individuals paid to delete online messages or who intentionally post false information.
Fines for companies
If a company’s illegal gross revenue exceeds 150,000 yuan (US$24,500) or its illegal gains surpass 50,000 yuan, it will face illegal business operations charges deemed “serious.”
The illegal gross revenue and gains amounts for individuals are set at 50,000 yuan and 20,000 yuan, respectively.
Under China’s criminal law, people who engage in illegal business operations deemed “serious” can face up to five years in prison and fines up to five times the amount of illegal gains.
China’s Internet communities, especially on microblog sites such as Sina Weibo, have become an important channel for citizens to express views and expose corruption and abuse of power.
Sun said Internet users will continue to be encouraged to expose disciplinary and law violations.
“Even if some details of the allegations or what has been exposed are not true, as long as (Internet users) are not intentionally fabricating information to slander others ... they will not be prosecuted on charges of defamation,” Sun said.
Over the past month, police across China have detained a number of suspects and closed several businesses for fabricating online rumors.
A notable case was the detention of two men in Beijing in August. Yang Xiuyu, founder of the Erma Company, and employee Qin Zhihui, were found to have created and spread online rumors, including false information about a 2011 bullet train accident and China’s most famous Good Samaritan Lei Feng.
The crackdown on online rumors has been hailed by the government as a move to build a healthy online environment.
Sina Weibo user “Super Benjamin” said the new guidelines will stop Internet users from making irresponsible remarks.
Another user called “danchundewo2012” said a “civilized, rational Internet environment that is free of rumors is what Internet users really need.”
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