[x-pubpol] Legal workers: manufacturing spread Internet rumors to bear the corresponding legal responsibility

[Joly MacFie]

Google translation of Chinese source story

http://news.xinhuanet.com/politics/2012-04/09/c_111755938.

Xinhua Beijing, April 9 around the relevant departments of the ongoing
actions of the combat and control Internet to spread rumors, legal
practitioners think of speech is consistent with the acceptance of
liability to the same real-life speech on the Internet, networks, although is
a virtual world, but in the virtual world by spreading rumors broke the
law, but also bear the corresponding legal responsibility.

    Legal practitioners believe that With the rapid development of Internet
technology, network on the one hand to people's lives greatly facilitate,
and promote the economic and social development but also to some people
spreading rumors on the network channels.Due to the wide range of network
communication, network rumors should govern the dissemination of rumors
ranging from violations of civil or legal persons and other individual
rights on the network, while endangering the management of social order.

    Of criminal justice of the Supreme People's Court Court Vice President
Li Rui Yi pointed out that the illegal and criminal activities in recent
years, the implementation of the Internet as the carrier, an increasing
number. A period of time, the Internet rumors. Internet rumors, the
situation is more complex, more diverse form of expression: some individual
cases, hugely magnified, distorted the facts to spread rumors; actually
fabricated, fabricating facts to create rumors. Such acts harmful to
society, and some even directly or indirectly affect social stability. At
the same time, such behavior in terms of actors, behavioral
characteristics, and a crime against a unique. Internet users thread, both
involving malicious rumor mongers such as actors, but also involve
substantial know the truth forward.

    For the legal liability of the need to spread rumors on the network,
the founder of the Beijing Yue Cheng Law Firm Yue Cheng Law analysis:
First, civil liability, if spreading rumors violations of the civil right
to personal reputation or violations of the legal person of goodwill, to
bear to stop the violations, restore the reputation of the elimination of
responsibility for the loss of the impact of an apology and compensation;
administrative responsibility, that is, spreading rumors, false danger,
epidemic, alarm or other means to deliberately disturb the public in
accordance with the provisions of the General Principles of Civil Law in
China order, or an affront others or fabricating facts to slander others,
does not constitute a crime, according to Public Security Administration
Punishment Law "shall be given detention, fines and administrative
penalties; is criminally responsible, that is, spreading rumors,
constitutes a crimeshould be investigated for criminal responsibility
according to the provisions of the "Criminal Law".

    Yue Cheng, the relevant provisions of China's Internet Information
Services management approach "Internet access service business premises
management regulations" also made it clear, the Internet service provider
shall not manufacture, copy, publish, spread with endangering national
security, spreading rumors, disrupt the social order or undermines social
stability or insult to slander others. "Laws and regulations in any manner,
any means to implement the kinds of acts are to bear the responsibility,
including the implementation of appropriate behavior on the network, but
also bear the corresponding legal responsibility according to these
provisions."

    Legal workers say, and how to effectively punish and prevent the
illegal and criminal activities of Internet rumors, it should be more
in-depth special study. Has been concerned about Internet rumors of CPPCC
National Committee member Shi Jie, Sichuan Dingli Law Firm believes that
the network has become an important and indispensable platform for people
working and living has become a real life component of the provisions in
the "Criminal Law", an insult to crime, defamation crime, damage to
business reputation, product reputation of crime, fabricate, deliberately
spreading false terrorist information crime, etc., should also apply to the
online world, be held criminally responsible in accordance with the
appropriate offense.

    Strengthen and innovate the public administration on the basis of some
harm to society, has caused serious consequences manufacturing network
rumors behavior, Rui-Yi personally think that the need to incorporate the
scope of the criminal law adjusted to give full play to the people's court
of criminal justice functions, strictly to Internet rumors constitute a
crime, according to the law, punishable. This requires further improve the
criminal legislation, to further strengthen the judicial interpretation.

    "No borders and restrictions on freedom of speech on the network can
not, can not infringe the legitimate interests of others, can not be formed
in real life and social harm. A citizen in the enjoyment of the right to
freedom of the network, but also to fulfill their obligations
conscientiously safeguard the network order." Beijing Law Firm of the
concept of Tao Cheng Bin said the crackdown Internet rumors on the one hand
to emphasize his law, on the other hand require Internet users in words and
deeds of self-discipline, improve the legal awareness and ethical quality
of Internet users and network operators.

    Legal practitioners believe that to strengthen the rule of law
publicity and education, so that users realize that to be responsible for
their words and deeds, but also to strengthen the management,
implementation of the NRS, to make citizens aware of the remarks on the
network if improperly, it will also be held accountable can also be
investigated, thereby enhancing the sense of responsibility of the citizens
of speech. Internet operators should strengthen their sense of
responsibility, false statements should not be released or deleted in a
timely manner. The same time, government departments should strengthen
regulation of the Internet, both to strengthen the education and
supervision of Internet users, but also to strengthen the supervision of
the Internet companies, investigate and deal with violations in a timely
manner to constitute a crime shall be investigated for criminal
responsibility according to law.

    Beijiang Prison, Guangdong Province police LIN Xiao-ping active
participation in long-term "purify the Internet trend of activities,
reporting adverse network of over 2000 pieces. LIN Xiao-ping said: "to
combat the rumors of the network is necessary to mobilize the masses. More
and more people take the initiative to take up the report the role of the
fight against Internet rumors, launched around people join, you can avoid
'three into a tiger' situation." (Reporter Yang Weihan, the Chinese spring
rain, Zou Wei, Mao bamboo)

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