What is illegal to insult others by texting?

Whoever, by violence or other means, openly demeans another person's personality and damages his reputation constitutes an insult, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime, while state organs, enterprises, institutions and social organizations do not constitute the subject of this crime.

It is illegal to repeatedly send messages to insult others and interfere with their normal lives. Those who are punished by public security administration shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The crime mentioned in the preceding paragraph shall be dealt with only after being informed, unless it seriously endangers social order and national interests. "Handling after informing" here means handling after the victim informs. If the victim is unable to tell because of coercion or intimidation, the people's procuratorate and the close relatives of the victim can also tell.

What will be the punishment for spreading rumors by SMS?

1. Those who bear civil liability, that is, those who spread rumors and infringe upon the personal reputation of citizens or the goodwill of legal persons, shall bear the responsibilities of restoring reputation, eliminating the influence, apologizing and compensating for losses in accordance with relevant regulations.

2 bear administrative responsibility, one of the following acts, be detained for more than five days and less than ten days, and impose a fine of five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than 500 yuan: spreading rumors, falsely reporting dangerous situations, epidemic situations, police situations or intentionally disturbing public order by other means; Threatening to set fire or throw dangerous substances to disturb public order.

3. Serious cases will bear criminal responsibility. If spreading rumors constitutes a crime, criminal responsibility shall be investigated in accordance with regulations. Whoever knowingly disseminates fabricated terrorist information and seriously disturbs social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than five years.

Swearing if the circumstances are serious will constitute an insult. People who spread rumors in Weibo should bear civil liability, administrative liability and criminal liability respectively, among which the civil liability is the lightest, and only need to apologize to the other party and compensate for the losses. If spreading rumors constitutes a crime, it shall be punished for fabricating and intentionally spreading false terrorist information and sentenced to fixed-term imprisonment of not more than five years.

Introduction of Related Knowledge —— On the Crime of Insult

The crime of insult refers to the act of publicly degrading personality and damaging the reputation of others by violence or other means, and the circumstances are serious.

According to the provisions of the Criminal Law, whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

According to the subjective aspects of the crime and the severity of the objective consequences, the perpetrator may be sentenced to fixed-term imprisonment of not more than three years or criminal detention or control or deprivation of political rights, with the maximum term of imprisonment not exceeding three years. The so-called deprivation of political rights refers to depriving criminals of the following four rights:

(1) the right to vote and to be elected;

(2) the right to freedom of speech, publication, assembly, association, procession and demonstration;

(3) the right to hold posts in state organs;

(four) the right to hold leading positions in state-owned companies, enterprises, institutions and people's organizations.

Through the above analysis and explanation, we know that in general, sending information to insult others constitutes infringement, in other words, such behavior is illegal. Then the actor must bear the corresponding legal responsibility. According to the relevant laws, it is usually five days. The following detention or a fine of five hundred yuan.

Legal basis:

Criminal law of the people's Republic of China

Article 246 The crime of insult and slander publicly insults others by violence or other means or fabricates facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.

If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

Decision on Maintaining Internet Security

Article 4 In order to protect the legitimate rights of individuals, legal persons and other organizations, if one of the following acts constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:

(a) using the Internet to insult others or fabricate facts to slander others;

(two) illegal interception, tampering, deletion of other people's e-mail or other data, infringing on citizens' freedom and privacy of communication;

(three) using the Internet for theft, fraud, extortion.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.