There are three conditions for short message swearing.

SMS swearing for the record must meet the following three conditions:

There must be the act of fabricating some facts, that is, the content of slandering others is completely fictitious. If the facts spread are not fabricated out of thin air, but exist objectively, even if they damage the personality and reputation of others, they do not constitute libel? .

There must be spreading and fabricating facts. The so-called communication is the communication among the public. The fabricated and disseminated false facts may completely degrade the personality and reputation of others, or in fact have actually caused actual damage to the personality and reputation of the victims.

Defamation must be directed at a specific person, but it is not necessary to name names. As long as we know who the victim is from the content of libel, it can constitute libel. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel.

In addition, the act of fabricating facts to slander others can only be constituted if the circumstances are serious. The so-called serious circumstances mainly refer to fabricating facts and slandering others many times; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects. If the circumstances are minor and have not caused serious consequences, it is not suspected of committing a crime, but it is a violation of public security management and will be fined or detained; If the circumstances are serious and cause serious influence to others, they are suspected of constituting the crime of insult and slander, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

When SMS insults others, you need to judge what kind of legal responsibility you should bear according to the degree and consequences of the abuse;

1, SMS insults others, which does not constitute a crime, and may be punished for public security, detained for up to five days or fined up to 500 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan;

2. SMS insulting others, which constitutes an insult, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights;

3. Insulting others with short messages, which constitutes a crime of provoking trouble, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control; Whoever gathers people for many times to insult others and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

To sum up, it is illegal to send text messages to swear.

Legal basis:

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42

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 and falsely accusing others in an attempt 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, threatening or other information for many times, interfering with the normal life of others;

6. Peep, sneak shot, eavesdrop and spread others' privacy.