Judicial interpretation on punishment of online rumors and defamation
The judicial interpretation on the punishment of online rumors and defamation which was issued by the Supreme People's Court and the Supreme People's Procuratorate (《最高人民法院、最高人民检察院关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释》) on Sept. 9, 2013, stipulates that people who post defamatory comments online in China will face up to three years in prison if their statements are widely reposted.
The judicial interpretation, which became effective on Sept. 10, 2013, is the first of its kind to regulate online rumors in China. It stipulates that people will face defamation charges if online rumors that they post are viewed by more than 5,000 internet users or re-posted more than 500 times.
If those posting rumors are repeat offenders, or if their rumors have caused the victim or the victim's immediate family members to commit self-mutilation or suicide or experience mental disorders, they may also face defamation charges.
According to China's criminal law, people committing the crime of defamation face up to three years in prison or the deprivation of their political rights.
The judicial interpretation provides a legal reference for punishing online crimes such as slander, as cases in this area have increased in recent years, Sun Jungong, spokesman of the Supreme People's Court, said on Sept. 9, 2013 when the document was issued.
Some Internet users fabricate rumors about others and create false information while touching on sensitive social issues, which has disrupted social order and triggered "mass incidents," Sun said, adding that the public has called for harsh punishment for such criminal activities.
The judicial interpretation specifies punishment for companies and individuals paid to delete online messages or intentionally post false information.
If a company's gross illegal revenues exceed 150,000 yuan (US$24,500) or its illegal gains surpass 50,000 yuan, it will face illegal business operations charges deemed "serious," according to the judicial interpretation. The illegal gross revenue and gains amounts for individuals were set at 50,000 yuan and 20,000 yuan, respectively.
Also, according to China's criminal law, people who engage in illegal business operations deemed "serious " can face up to five years in prison and fines of up to five times the amount of the illegal gains.
China's Internet communities, especially on Weibo (equivalent to Twitter), have become an important channel for citizens to express views and expose corruption and abuses of power.
Sun explained that Internet users will continue to be encouraged to expose disciplinary and legal violations, stressing that "even if some details of the allegations or what has been exposed are not true, as long as the Internet users are not intentionally fabricating information to slander others, they will not be prosecuted on charges of defamation."
Since August 2013, 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.
While the crackdown on the spread of online rumors has been hailed by the government as a move to build a healthy online order, some experts have also prompted concerns about freedom of expression in China.
Sun explained that the judicial interpretation is aimed at cracking down on crimes in accordance with the law, and that internet users' rights to expression will be protected.
