Can SMS constitute slander?

Legal analysis: it depends on the specific situation. Sending a text message alone is not slander, let alone a crime. But administrative punishment can be imposed. If there are insults or fabricated facts in the short message to slander others, you can sue for libel.

Legal basis: Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means. 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.