A Ningxia man was dissatisfied with the epidemic prevention and control and posted a "dog police" emoji. Is this illegal?

Q&A Little Expert Pumpkin Social Column is happy to answer the question raised by the subject.

A man in Ningxia was dissatisfied with the epidemic prevention and control and posted a "dog police" emoji. This move must be illegal.

On October 30, 2021, the police at Chengguan Police Station in Qingtongxia City, Ningxia received reports from the masses that someone was sending messages insulting the people’s police in the WeChat group. After receiving this information, Chengguan Police Station quickly organized police forces to conduct an investigation. After investigation, the suspect Li distributed a photo insulting the people's police in a WeChat group of more than 330 people because he was dissatisfied with the community's epidemic control, openly insulting the image of the police.

The police summoned Li to the police station in accordance with the law. After interrogation, he confessed to the illegal fact of insulting the people's police in the WeChat group. In the end, Li was detained administratively for nine days.

Nowadays, it is unjustifiable to chat with friends without adding a few emoticons. Someone also said that chatting without emoticons is soulless. So why are so many people sending this emoticon but nothing happens? Posting dog and police emojis on Moments is not necessarily an insult to the police. If you think the police are loyal and cute, it may be inappropriate to post dog or other emojis, but it is not illegal.

He was arrested because of his subjective intention of posting an emoticon and being dissatisfied with the prevention and control of the epidemic. If you deliberately post the dog police emoji to insult the police and express your dissatisfaction, the police must have fixed the evidence in the form of interrogation transcripts as the factual basis for punishment. Therefore, the police have obtained evidence of subjective and intentional insult.

Secondly, the perpetrator posted the emoticon in a public place, a WeChat group with more than 330 people. This is completely different from the situation where natural people post joking emoticons during WeChat chats. This behavior is more harmful and damages the positive image of the police.

Thirdly, from the perspective of social effects, the current national epidemic prevention and control is still tense. Once perpetrators are allowed to publish emoticons and insults at will as long as they are dissatisfied because of epidemic prevention and control during this special period of epidemic prevention and control, Police and other law enforcement personnel will greatly disrupt the order of epidemic prevention and control, which is not conducive to the established good prevention and control order and will harm the interests of the people.

Finally, I also want to popularize the law with everyone: According to Article 42 of the "Public Security Management Punishment Law", anyone who commits any of the following acts shall be detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are serious, If the offense is 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 in other ways;

(2) Blatantly 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 to interfere with the normal life of others;

(6) Peeping, photographing, eavesdropping, or disseminating other people’s privacy.

So it’s okay to use appropriate emoticons to express your mood and status, but the premise is that there is no subjective malice. The online world cannot stay outside the law. It is best for everyone to keep their eyes open when chatting online and posting emoticons on Moments.

What do you think of the man who was detained for 9 days for posting a “dog police” emoticon to prevent the epidemic?

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