Text message harassment? What are the penalties under the Public Security Administration Punishment Law?

The "Public Security Administration Punishment Law of the People's Republic of China" punishes text message harassment by being detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are serious, the penalty is not less than 5 days but not more than 10 days. , and may be fined not more than 500 yuan.

Harassment text messages generally have the following characteristics:

1. Harassment text messages without the consent of the recipient are all posted unilaterally without the prior consent of the recipient of the text message;< /p>

2. Without the consent of the recipient, it infringes upon a series of rights including the right to freedom of communication of the recipient of the text message;

3. The content of the text message violates the prohibitions of laws and regulations Sexual regulations, such as content containing false and fraudulent advertising, pyramid schemes, harassment, pornography and feudal superstition.

The harm of harassing text messages is:

1. Seriously waste social resources and cause huge economic losses;

2. Endanger the order of market competition and undermine market competition. Cause adverse effects;

3. Infringe upon the legitimate rights and interests of consumers and affect their healthy life.

The solutions to prevent harassing text messages are:

1. Strengthen the cultivation of citizens’ moral quality. Guide citizens to consciously learn information security knowledge, cultivate their ability to resist bad text messages, and not be fooled by the illusion of spam messages. At the same time, we must have the courage to fight against spam messages. Not only do we not create or spread spam messages, but we can intercept or report them through relevant mobile phone manager software when discovered. We must dare to report them to the public security organs in a timely manner so as to effectively curb the spread of spam messages; < /p>

2. Strengthen supervision. Relevant state departments must strengthen supervision and impose strict requirements on telecommunications and Internet companies. All Internet companies must clarify their responsibilities, formulate measures, coordinate with each other, and supervise each other in a responsible attitude towards the public and social stability, and do not produce or send spam information. At the same time, it is necessary to increase the ideological and technical training of employees, enhance the ability to resist spam information, and constantly purify good communication content;

3. Strengthen legislation. In response to the problem of spam text messages, the public security and judicial organs must impose sanctions on relevant perpetrators in accordance with the "Public Security Administration Punishment Law of the People's Republic of China" and other relevant provisions. For egregious cases, the parties concerned must be resolutely held legally responsible.

Legal Basis

Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever commits any of the following acts shall be detained for not more than 5 days or fined not more than 500 yuan fine; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 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 to frame others in an attempt to subject others to criminal prosecution or public security management penalties;

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

(5) Repeatedly sending obscene, insulting, threatening or other messages that interfere with the normal life of others ;

(6) Peeping, filming, eavesdropping, or disseminating other people's privacy.