Relevant laws regarding online speech include:
1. Article 221 of the "Criminal Law" stipulates that fabricating and spreading false facts to damage the business reputation and product reputation of others , causing heavy losses to others or having other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined.
2. Article 246 of the "Criminal Law of the People's Republic of China" stipulates: "Whoever openly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to three years in prison The following shall be sentenced to fixed-term imprisonment, criminal detention, surveillance or deprivation of political rights.
Those who fall under any of the following circumstances shall be deemed to be "serious" as stipulated in the first paragraph of Article 246 of the Criminal Law:
(1) The same slanderous information is actually clicked or viewed more than 5,000 times, or forwarded more than 500 times;
(2) It causes the victim or his close relatives to suffer from mental disorder, Self-mutilation, suicide and other serious consequences;
(3) Having received administrative punishment for defamation within two years and defaming others; (4) Other serious circumstances;
In addition, If the use of information networks to slander others is carried out repeatedly within a year without being dealt with, and the cumulative number of times the slanderous information is actually clicked, viewed, and forwarded constitutes a crime, it shall be convicted and punished in accordance with the law.
Extended information:
1. In 2013, China's latest judicial "Interpretation" stipulates that if the information network is used to defame others, and the same defamatory information is actually clicked or viewed more than 5,000 times, or forwarded more than 500 times, it shall be deemed a criminal offense. The "serious circumstances" stipulated in Article 246, paragraph 1, may constitute defamation. This judicial interpretation will be implemented on September 10, 2013.
2. Generally speaking, China's civil law regarding online defamation. To establish infringement, the following two elements must be met:
(1) There must be damaging behavior, which means that the actor artificially spreads words, pictures or language that damages the reputation of a specific person through the Internet.
< p>(2) The actor is subjectively at fault. Fault includes two forms: intentionality and negligence. If the actor knows that the communication content will inevitably or may cause damage to the reputation of others but hopes and allows the result to happen, the actor should have foreseen it. If one's own behavior may damage the civil rights of others but fails to foresee it due to negligence, or if one has foreseen it but believes that it can be avoided, resulting in damage to the reputation of others, it is negligence.Reference: ?Baidu Encyclopedia. _Internet defamation