Resolutely combat online violence! The 'Two High Schools and One Ministry of Finance' issued guidance on punishing illegal crimes of online violence in accordance with the law

News from this site on September 25. With the advent of the all-media era, the problem of online violence has become increasingly prominent. Although the Internet is a virtual space, it is by no means an illegal place!

The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the "Guiding Opinions on Punishing Internet Violence and Crime in accordance with the Law" (hereinafter referred to as the "Opinions") on the 25th

Officials pointed out that it is necessary to respond to social concerns and practice people-centered development ideas to allow cyberviolence to be punished by law, to protect citizens' rights and interests in accordance with the law, and to purify the Internet ecology. Require. The publication and implementation of the opinions will further improve the effectiveness of cyber violence management and create a clear cyberspace.

The "Opinions" have a total of 20 articles, including clarifying the applicable rules for the crime of cyber violence, clarifying the rules for handling illegal cyber violence, clarifying the policy principles for punishing cyber violence crimes, etc., and the legal provisions on cases of cyber violence crimes. Comprehensive and systematic provisions are made on application and policy control issues.

According to the requirements of the "Opinions", we need to accurately apply the law, and criminalize and punish different forms of online violence with defamation, insult, and infringement of citizens' personal information.

The "Opinions" pointed out that For the purpose of hyping up the popularity, promoting and diverting traffic, using the public accounts of Internet users to push and disseminate information about cyber violence crimes, and complying with the provisions of the criminal law, they will be convicted and punished for the crime of illegal use of information networks. Network service providers fail to perform their information network security management obligations in accordance with the law with regard to the information discovered about cyber violence crimes, and refuse to take corrective measures after being ordered by regulatory authorities to make corrections, resulting in the large-scale dissemination of illegal information or other serious circumstances, which is in compliance with the provisions of the Criminal Law , be convicted and punished for the crime of refusing to perform information network security management obligations.

The "Opinions" require that the spirit of severe punishment should be reflected in the illegal crimes of online violence, so that the people can fully feel fairness and justice. We must focus on cracking down on malicious initiators, organizers, malicious promoters, and those who persist in reforming despite repeated abuses.

It is worth mentioning that those who commit cyber violence crimes under one of the following five circumstances will be severely punished in accordance with the law:

• For minors and people with disabilities Carrying out;

• Organizing "maritime forces", "thugs" or other personnel to carry out;

• fabricating "sexually related" topics to harm others Human dignity;

• People who use generative artificial intelligence technology such as "deep synthesis" to publish illegal information;

• Initiated by network service providers ,organizational.

The "Opinions" emphasize that According to the provisions of paragraph 2 of Article 246 of the Criminal Law, those who commit crimes of insult and slander and seriously endanger social order and national interests shall be punished. Public prosecution should be instituted in accordance with the law. Whether online insults and defamation seriously endanger social order should be determined based on factors such as the target of the infringement, motivation and purpose, mode of behavior, scope of information dissemination, and harmful consequences.

At the same time, the "Opinions" also clarify that network service providers fail to perform information network security management obligations in accordance with the law for discovered cyber violence information, resulting in the large-scale dissemination of illegal information or other serious circumstances that harm social and public interests. , the People's Procuratorate may file a public interest litigation with the People's Court in accordance with the law.

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