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Is it illegal to make harassing calls many times? Which one was violated?
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 42? One of the following acts shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 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, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
Calling harassing calls belongs to "other information" in this clause. It is illegal to harass more than three times, even if it is "multiple times". After accepting the case, the police can inquire about the personal information of the harasser from the telecommunications department.
Extended data:
While the development of communication technology brings convenience to people, harassing phone calls and spam messages go hand in hand, which makes mobile phone users uncomfortable but helpless. Although the reason behind it is information leakage, from the source, it is still caused by the embarrassing situation that "infringement is easy to defend rights".
Even if there are clear laws and regulations, illegally obtaining information or using information for illegal and criminal activities will constitute corresponding crimes. At worst, there is a guarantee that "harassing for more than three times violates the People's Republic of China (PRC) Public Security Administration Punishment Law".
But from a practical point of view, mobile phone users are powerless unless they violate the criminal law and are harassed by ordinary phones. First, it is difficult to obtain evidence, and second, the legal procedures are cumbersome and lengthy. Choosing rights protection will consume a lot of manpower and material resources, and it may not necessarily have a satisfactory result. Considering this, most people will choose not to do it.
Therefore, in the current situation that the relevant laws are blank and the rights protection is cumbersome and powerless, as users, we should raise our awareness of prevention, not disclose personal and property information, keep a high degree of vigilance against strange calls, and install interception software when necessary.
Baidu Encyclopedia-People's Republic of China (PRC) and Public Security Administration Punishment Law
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