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

CTOnews.com Sept. 25 news, with the arrival of the era of all-media, the problem of cyber violence has become increasingly prominent. Although the Internet is a virtual space, it is absolutely illegal!

On the 25th, the Supreme people's Court, the Supreme people's Procuratorate and the Ministry of Public Security jointly issued the guidance on punishing crimes of Cyber violence according to Law (CTOnews.com hereinafter referred to as "opinions").

Officials pointed out that allowing cyber rioters to be punished by law, safeguarding citizens' rights and interests in accordance with the law, and purifying the network ecology are the inevitable requirements of responding to social concerns and implementing the people-centered idea of development. The publication and implementation of the opinions will further enhance the effectiveness of the governance of cyber violence and create a clear cyberspace.

There are a total of 20 "opinions", including clarifying the applicable rules for the charges of network violence, the rules for handling network violence violations, and the policy principles for punishing network violence crimes. It has made comprehensive and systematic provisions on the legal application and policy grasp of network violence crimes.

The "opinion" requires the accurate application of the law and the conviction and punishment of defamation, insult, infringement of citizens' personal information and other crimes against different forms of cyber violence.

The "opinion" points out that for purposes such as the popularity of speculation and the promotion of drainage, those who use the public accounts of Internet users to push and disseminate information about network violence and crimes are in line with the provisions of the Criminal Law, they shall be convicted and punished for the crime of illegal use of information networks. If the network service provider fails to perform the obligation of information network security management in accordance with the law with respect to the information found about network violence and crimes, it is ordered by the regulatory department to take corrective measures but refuses to correct it, resulting in the mass dissemination of illegal information or other serious circumstances, which conforms to the provisions of the Criminal Law, shall be convicted and punished for the crime of refusing to perform information network security management obligations.

The "opinion" requires that the spirit of strict punishment should be embodied in cyber violence and crimes, so that the people can fully feel fairness and justice. We should focus on cracking down on malicious promoters, organizers, malicious promoters, and those who do not change after repeated teachings.

It is worth mentioning that whoever commits a network violence crime under one of the following five circumstances shall be given a heavier punishment in accordance with the law:

For minors and the disabled

Organizing "water army", "goons" or other personnel to carry out the implementation

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

Publishing illegal information by using generative artificial intelligence technologies such as "deep synthesis"

Initiated and organized by network service providers.

The "opinion" stresses that in accordance with the provisions of paragraph 2 of Article 246 of the Criminal Law, whoever commits the crime of insult or libel and seriously endangers social order and national interests shall be prosecuted in accordance with the law. As to whether the network insult and libel seriously endanger the social order, we should make a judgment on the object of infringement, motive and purpose, mode of behavior, scope of information dissemination, harmful consequences and other factors.

At the same time, the "opinion" also makes it clear that network service providers fail to fulfill their obligations of information network security management for the network violence information found, resulting in the massive dissemination of illegal information or other serious circumstances, thus harming social and public interests, the people's procuratorate may bring a public interest lawsuit to the people's court in accordance with the law.

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