If you deliberately fabricate and spread fictitious facts that are enough to demean the personality of others and damage their reputation, and the circumstances are serious, it is defamation and requires criminal liability.
1. If your reputation is defamed by others, you can collect evidence by collecting witness testimonies or audio and video recordings. In accordance with relevant legal provisions, all materials that can be used to prove the facts of the case are evidence;
2. If you deliberately fabricate and spread fictitious facts that are enough to demean the personality of others and damage the reputation of others, and the circumstances are serious, it is a crime of defamation and requires criminal liability;
3. Leaking and Promoting other people's privacy and adversely affecting their reputation is an infringement of reputation rights.
The documentary evidence collected and retrieved should be original. When it is difficult to obtain the original, a copy or reproduction may be used. Copies or duplicates of documentary evidence may be used as evidence if they are verified to be correct with the original or authenticated by appraisal. If a documentary evidence has been altered or there are signs of alteration that cannot be reasonably explained, or if a copy or duplicate of a documentary evidence cannot reflect the original document and its contents, it cannot be used as evidence.
Photos and videos of physical evidence, copies and copies of documentary evidence, and copies of audio-visual materials should be accompanied by written descriptions of the production process and the original and original storage locations, and should be held by the producer and the object. signature of the person or relevant personnel of the holding unit.
Standards for filing a case for defamation crime:
First, there must be an act of fabricating a certain fact;
Second, there must be an act of spreading the fabricated fact;< /p>
Third, defamation must be directed at a specific person;
Fourth, fabricating facts to defame others must be serious to constitute this crime.
The act of fabricating facts to slander others must be serious to constitute this crime.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Procedure Regulations for Public Security Organs in Handling Administrative Cases"
Article 26
The materials that can be used to prove the facts of the case are all evidence . The evidence used by the public security organs in administrative cases includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Statements of the victim and other witnesses Testimony;
(4) Statement and defense of the suspect;
(5) Identification opinion;
(6) Inspection, inspection and identification records , on-site transcripts;
(7) Audio-visual materials and electronic data.
Evidence must be verified to be true before it can be used as the basis for finalizing a case.
Article 28
When the public security organs collect and obtain evidence from relevant units and individuals, they shall inform them that they must provide evidence truthfully and inform them of forging, concealing or destroying evidence. , the legal liability for providing false testimony.
If it is necessary to obtain evidence from relevant units and individuals, with the approval of the person in charge of the case handling department of the public security organ, an evidence collection notice will be issued, clarifying the evidence to be obtained and the time limit for providing it. The transferred person shall stamp or sign the notice. If the transferred person refuses, the public security organ shall make a note. When necessary, the public security organs shall use audio recording, video recording, etc. to fix the content of the evidence and the evidence collection process.
If it is necessary to urgently collect evidence from relevant units, the public security organ can notify the identity of the people's police over the phone and at the same time send the evidence collection notice together with a copy of the people's police card of the people's police handling the case through fax or Internet communication. Tools and other means are delivered to relevant units.