Can I file a case for sending abusive text messages?

Abuse of short messages involves insulting or slandering others, or causing serious mental damage to others. The victim can report the case to the public security organ, and the public security organ will file an investigation according to the specific situation.

Firstly, the legal nature of short message abuse.

Abuse of short messages is usually regarded as verbal attacks in law, which may involve insults, slander and other illegal acts. According to the People's Republic of China (PRC) Public Security Administration Punishment Law and other relevant laws and regulations, the public security organs have the right to punish acts of openly insulting others or fabricating facts to slander others.

Second, the conditions and procedures for filing a case.

In order to investigate abusive short messages, the following conditions usually need to be met: first, the content of short messages must clearly contain insults, slander and other illegal acts; Secondly, these behaviors must be directed at specific individuals or groups; Finally, these behaviors must reach a certain degree of seriousness, such as causing mental damage to the victims or social impact.

Procedurally, the victim can report the case to the local public security organ and provide relevant evidence materials, such as screenshots of short messages and communication records. The public security organ will conduct a preliminary investigation after receiving the report. If it is considered necessary to file a case, the filing procedure shall be started according to law, and the personnel involved shall be investigated and collected.

Three. Legal consequences and responsibilities

After investigation, it is confirmed that sending abusive short messages is illegal, and the public security organs will punish the people involved according to law. Punishment measures may include warning, fine, administrative detention, etc. At the same time, the victim can also file a civil lawsuit according to law, requiring the infringer to bear civil liability, such as compensation for mental losses.

In addition, it is worth noting that cyberspace is not a place of extra-legality. Publishing abuse, slander and other remarks on the Internet also requires legal responsibility. Therefore, when using the network, we should abide by laws and regulations, respect the rights and interests of others, and maintain the clarity and harmony of cyberspace.

To sum up:

Whether sending abusive text messages can be filed depends on the content, influence and violation of laws and regulations. The victim can report the case to the public security organ and provide relevant evidence, and the public security organ will investigate and deal with it according to law. In cyberspace, we should also abide by laws and regulations and respect the rights and interests of others.

Legal basis:

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

Article 42 provides that:

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, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred 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.

Criminal law of the people's Republic of China

Article 246 stipulates that:

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. 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.