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Does Weibo need to bear legal responsibility for swearing?
Article 101 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Whether it constitutes the responsibility of infringing the right of reputation should be determined according to the fact that the victim's reputation is damaged, the actor's behavior is illegal, there is a causal relationship between the illegal behavior and the damage consequences, and the actor is subjectively at fault. Insult or slander others in written or oral form, which damages their reputation, shall be regarded as infringement of their reputation right.
Without the consent of others, publishing other people's privacy materials in written or oral form or making others' privacy public, thus causing damage to others' reputation, shall be punished as infringement of others' reputation right. If the reputation of others is damaged due to serious untrue news reports, it shall be treated as infringement of the reputation right of others.
Extended data:
Cyber violence is a form of violence, and it is a behavior phenomenon that harmful, insulting and inflammatory remarks, pictures and videos are posted on the Internet. People are used to calling it "cyber violence".
Cyber violence will damage the reputation of the parties, it breaks the moral bottom line, and it is often accompanied by infringement and illegal and criminal acts, which need to be regulated by means of education, moral restraint and law.
Cyber violence is the violent behavior of netizens on the Internet and the extension of social violence on the Internet. If netizens want to gain the right of free expression, they should also undertake the mission of maintaining network civilization and morality.
Direct attack refers to the attack in a direct way in cyber violence, that is to say, directly using insulting and aggressive vicious language to punish the parties. As far as cyber violence is concerned, direct attacks are more harmful and the harm caused to the parties is more obvious.
Indirect attack is to follow the trend and express opinions through irony, that is, the so-called swearing does not use dirty words, and some choose to broadcast others' direct attacks for a second attack. No matter what form of cyber violence, it will affect the real world from the virtual world. Therefore, in the process of dealing with cyber violence, any form of cyber violence can not be ignored.
Baidu Encyclopedia-General Principles of Civil Law in China
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