Shulou(Shulou.com)11/24 Report--

Thanks to the CTOnews.com netizen Mr. Air, MissBook for the clue delivery! CTOnews.com, June 9, according to CCTV news, in order to punish network violence and criminal activities in accordance with the law, effectively safeguard citizens' personality rights and interests and normal network order, according to the criminal law, criminal procedure law, civil code, civil procedure law and public security administration punishment law and other relevant provisions The Supreme people's Court, the Supreme people's Procuratorate and the Ministry of Public Security drafted the guidance on punishing cyber violence crimes according to law (draft for soliciting opinions), which is now open to the public for opinions. The deadline for feedback is June 25, 2023.

The draft for soliciting opinions points out that cyber violence crimes are severely punished in accordance with the law, and the law is accurately applied to cyber defamation, cyber insult, infringement of citizens' personal information and other acts.

1. Whoever creates or spreads rumors on the information network, derogates another person's personality or damages another person's reputation, if the circumstances are serious and conforms to the provisions of Article 246 of the Criminal Law, shall be convicted and punished for libel.

2. Whoever openly insults others by means of wanton abuse, vicious attack and disclosure of privacy on the information network, if the circumstances are serious and conforms to Article 246 of the Criminal Law, shall be convicted and punished for the crime of insult.

3. Organize "cyber manhunt" to illegally collect and release citizens' personal information to an unspecified majority of people on the information network, if the circumstances are serious and conform to one of the provisions of Article 253 of the Criminal Law, they shall be convicted and punished for the crime of infringing upon citizens' personal information.

4. To extend network violence offline and to intercept, insult, intimidate, destroy property and other nuisance acts to the victims and their relatives and friends, in accordance with the provisions of Article 275 and 293 of the Criminal Law, he shall be convicted and punished for the crime of intentionally destroying property and seeking provocation and causing trouble.

5. Punish malicious marketing hype carried out through network violence in accordance with the law. For the purpose of hot speculation, promotion and drainage, the network service provider refuses to correct the found network violence information that fails to perform the obligation of information network security management in accordance with the law, but refuses to correct it after being ordered by the regulatory department to take corrective measures, resulting in the mass dissemination of illegal information or other serious circumstances, which conforms to one of Article 286 of the Criminal Law, shall be convicted and punished for the crime of refusing to perform the obligation of information network security management. If other crimes are constituted at the same time, they shall be convicted and punished in accordance with the provisions of heavier punishment.

In addition, the draft for soliciting opinions mentions that whoever commits a crime of cyber violence under any of the following circumstances shall be given a heavier punishment:

For minors and the disabled

Organize the implementation of "water army" and "goons"

Fabricating "sexual" topics that infringe upon the personal dignity of others

Using "deep synthesis" technology to publish illegal or bad information, contrary to public order, good customs, ethics and morality.

Initiated and organized by network service providers.

CTOnews.com partners can express their opinions through the following channels:

Please send an email to: xsjsxgca@ 163.com

Please send the letter to the Research Office of the Supreme people's Court, 27 Dongjiaomin Lane, Dongcheng District, Beijing 100745, and the Law and Policy Research Office of the Supreme people's Procuratorate, No. 147 Beiheyan Street, Dongcheng District, Beijing 100726.

Please mark "feedback on punishment of Cyber violence documents" on the subject or envelope of your email.

Guidance on punishing cyber violence crimes in accordance with the law (draft for soliciting opinions): click here to see

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