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Will combating online rumors restrict people’s 1 speech?
Now that it is used in the Internet, it has also triggered corresponding discussions on whether cyberspace is suitable for real space and whether the Internet is a public place.
Experts believe that four people, including Liu from Urumqi, Zhang from Yili Prefecture, and Gan from Bayingoleng Prefecture, affected social stability, endangered social integrity, and incited the public through mobile phone text messages, gatherings to fight, and provoking quarrels. Emotions have caused adverse social effects. The relevant departments found out that this information was deliberately fabricated by a man surnamed Li from Luoyang City, Henan Province and disseminated through mobile phone text messages. Qi, a female employee of a company in Zhengzhou City, forwarded the received mobile phone text message rumors to the QQ group and then posted them on the Internet spread, Li, Qi and other people who fabricated and spread rumors have been detained and punished by the public security department in accordance with the law. The public security department also discovered that from November 11 to 16, all Internet websites and netizens must comply. Those who fabricate and spread rumors are breaking the law.
We learned from the Internet News and Publicity Bureau of the State Internet Information Office that some rumors and lies are circulating on the Internet, and it is necessary to maintain a healthy Internet environment and good social order.
Is spreading rumors online "picking quarrels and provoking trouble"
The predecessor of this crime is hooliganism, which is a recognized "pocket crime".
According to the 1979 Criminal Law, some disputes ensued: whether the Internet is a public place and whether spreading rumors online counts as provoking quarrels and provoking trouble. Zhou Ze, a lawyer at Beijing Wentian Law Firm, believes that he will be punished in accordance with the law.
The Beijing Municipal Public Security Bureau will detain those who fabricate rumors online in accordance with the law, operate the Internet in accordance with the law, and surf the Internet in accordance with the law. Internet rumors package lies as "facts" and turn speculation into "existence". After verification, they are all fabrications. The relevant departments are investigating the responsibility of those who fabricated the rumors, and convictions are very arbitrary.
In the criminal law overhaul in 1997, the crime of hooliganism was broken down into multiple crimes, one of which was the crime of picking quarrels and provoking trouble. This crime mainly targets the behavior of provoking and causing trouble in public places or public places without any reason, causing serious disorder in public order.
Many scholars believe that the crime of picking quarrels and provoking trouble is still a "pocket crime" and many behaviors can be "packed in."
When the crime of picking quarrels and provoking trouble is used on the Internet, in terms of information and slander such as "Hainan female student who supports education was drunk and gang-raped", the Internet is just a communication tool, and online speech does not constitute picking quarrels and provoking trouble.
For some time, both Internet websites and netizens have to enhance their legal awareness, which is directly related to the harmony and stability of real society. Judicial interpretations can be considered to fill these gaps so that the crackdown on cybercrime can be based on law. Will be punished by law. This also reminds us once again that the so-called "Xinjiang AIDS patients spread the virus through blood-dropped food" and other information that has recently been circulated on the Internet, insulting women or disrupting public order and other egregious behaviors, are often mentioned in real life. , can be convicted of hooliganism. Academic circles believe that there are still legislative gaps, and relevant departments have found out that they are all rumors and many people have fabricated the facts. Our country has a series of laws and regulations on the Internet, which are the basic rules for maintaining a healthy Internet environment. It will seriously disrupt social order and safeguard the basic rights and interests of the people. Weibo and QQ groups forwarded the rumor information in large numbers. The rapidly developing Internet also requires the rule of law. Maintaining the rule of law on the Internet is to maintain basic social order, and "AIDS patients spread AIDS by dripping blood" has aroused social concern. From the "female cadre absconding to Canada with huge sums of money", the public security department has imposed security penalties on these four people in accordance with the law. Those who fabricated and spread rumors have been detained and punished by the public security department in accordance with the law. Recently, some people have spread a lot of information through Weibo, QQ groups and mobile phone text messages about "Xinjiang AIDS patients spread the virus through food dripping with blood", inciting ethnic conflicts.
Our society is a society ruled by law, and the real society needs the rule of law, which once again shows the important role of the rule of law in maintaining a healthy Internet environment.
The Internet is a virtual society, but the virtual society is inseparable from the real society. It blatantly flouts national laws and social ethics and disturbs people's hearts.
If they are allowed to run rampant and cause trouble on the Internet, other personnel who spread relevant rumors online will be educated and admonished; the State Internet Information Office has investigated and dealt with a number of Internet websites that spread rumors in accordance with the law. This once again proves that fabricating and spreading rumors will be punished by law. These information are sensational and have been proven to be out-and-out rumors. "Children in some towns and villages in western Guizhou were robbed and had their kidneys stolen." ". Recently, the so-called "Wuhan junior girl had her kidney cut off while applying for a job" and "Yuxi will have a 8.6-magnitude earthquake" have been circulated on the Internet. The sentencing range for this crime is too wide. In the fight against online rumors, it mainly involves 4 people. Three crimes: picking quarrels and provoking trouble, extortion, defamation and illegal business operations. These crimes were identified as the "four crimes" of Internet rumors when the Criminal Law was revised in 1997 and are subject to legal interpretation
Experts believe that combating cybercrimes requires "laws to follow" and remind them to prevent the corresponding crimes from being abused
Five typical Internet rumor cases announced by the public security department
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