Law amendment to help quash rumors
Updated: 2015-11-07 09:04
By Xie Caifeng(China Daily)
|
||||||||
One is the judicial interpretation of the criteria for convicting and sentencing offenders in cases of online libel, which was jointly issued by the SPC and the Supreme People's Procuratorate on Sept 6, 2013. It describes the following four scenarios as "serious", which is the precondition constituting a libel breach: a single defamatory information on the Internet being clicked/browsed more than 5,000 times or forwarded over 500 times; action causing significant damage, such as mental illness, self-manipulation or suicide, to the victims or their families; the suspect having received administrative punishment for libel in the past two years; and other serious circumstances.
Besides, seven situations are deemed as "having seriously harmed the social order and national interest", which include defamatory information causing mass disturbances, public disorder, ethnic or religious conflicts, damaging the national image, and/or producing bad global implications.
Another judicial interpretation issued by the top court on Sept 18, 2013, said that six types of situations could be viewed as having seriously disrupted social order: actions creating disorder at airports, railways stations, ports, shopping malls, cinemas, sports centers or other crowded areas, or resulting in emergency evacuation measures; disrupting normal operation of large transport vehicles such as aircraft, trains and ferries; disrupting the functioning of schools, hospitals, mines, administrative agencies; seriously disrupting village or city life; forcing police, fire fighting departments, and hygiene and quarantine agencies to adopt emergency measures; and other serious circumstances.
The SPC may adopt a similar approach while preparing the new judicial interpretation. But since analogy is forbidden in criminal law, the principle of legality or nulla poena sine legs (no penalty without a law) should apply, which will further ease concerns of netizens.
But as responsible citizens, people should be cautious not to spread information that is doubtful.
The author is a fellow with the research office of Shunyi district people's court in Beijing.
- Officials lost promotions over false information reports
- Trust companies may be fined for false information disclosure
- Man detained for stock market suicide rumor
- Beijing government relocation rumor boosts town's housing prices
- Rumor of Lee's death was a test much of the media failed
- Rumor of toxic seasonings dispelled in Fuzhou
- China convicts two online rumor-mongers
- Global health entering new era: WHO chief
- Brazil's planning minister steps aside after recordings revelation
- Vietnam, US adopt joint statement on advancing comprehensive partnership
- European border closures 'inhumane': UN refugee agency
- Japan's foreign minister calls A-bombings extremely regrettable
- Fukushima impact unprecedented for oceans: US expert
- Stars of Lijiang River: Elderly brothers with white beards
- Wealthy Chinese children paying money to learn British manners
- Military-style wedding: Fighter jets, grooms in dashing uniforms
- Striking photos around the world: May 16 - May 22
- Robots help elderly in nursing home in east China
- Hanging in the air: Chongqing holds rescue drill
- 2.1-ton tofu finishes in two hours in central China
- Six things you may not know about Grain Buds
Most Viewed
Editor's Picks
Anti-graft campaign targets poverty relief |
Cherry blossom signal arrival of spring |
In pictures: Destroying fake and shoddy products |
China's southernmost city to plant 500,000 trees |
Cavers make rare finds in Guangxi expedition |
Cutting hair for Longtaitou Festival |
Today's Top News
Liang avoids jail in shooting death
China's finance minister addresses ratings downgrade
Duke alumni visit Chinese Embassy
Marriott unlikely to top Anbang offer for Starwood: Observers
Chinese biopharma debuts on Nasdaq
What ends Jeb Bush's White House hopes
Investigation for Nicolas's campaign
Will US-ASEAN meeting be good for region?
US Weekly
Geared to go |
The place to be |