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Is SMS bombing illegal?

Legal analysis

Illegal. Although texting is personal freedom, it is illegal to send harassing text messages to others frequently. According to China's Public Security Administration Punishment Law, this kind of behavior can be detained for up to five days or fined up to 500 yuan. It will infringe others' rights to peace and freedom of communication. If abused, it will affect others' communication rights and be a kind of harassment to others. Others can pursue your civil liability. If the circumstances are serious, it will constitute an infringement of the freedom of communication of others, and may also involve criminal responsibility. It is illegal to send obscene, insulting, threatening or other information for many times and interfere with the normal life of others. Although it does not constitute a crime, it can be investigated for public security management responsibility according to law, and be detained for less than five days or fined less than 500 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.

legal ground

People's Republic of China (PRC) Civil Code

Article 182 If property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed party or the benefits obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.

Article 183 If a violation of the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for the mental damage.

If serious mental damage is caused to a specific object with personal significance of a natural person due to intentional or gross negligence, the infringed person has the right to claim compensation for mental damage.