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Is it illegal to send text messages to harass others?
Harassing others with short messages violates the provisions of Article 42 of the Law on Public Security Administration Punishment and is an illegal act. Public security administrative responsibility can be investigated according to law, but it does not constitute a crime.
One of the following acts shall be detained for not more than five days or fined not more than five hundred 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:
(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.
Harassment refers to an act or omission that intentionally violates the sexual rights of the other party against the other party's will.
Second, the countermeasures of SMS harassment
First of all, we should strengthen the cultivation of citizens' moral quality. Guide citizens to consciously learn information security knowledge, cultivate citizens' ability to distinguish bad short messages, and don't be confused by the illusion of spam messages. At the same time, we should also have the courage to fight against it. Not only do you not produce or disseminate spam, but you can intercept or report it through relevant mobile phone housekeeper software after discovery, and you must dare to report it to the public security organs in time to effectively curb its spread.
Second, strengthen supervision. The relevant state departments should strengthen supervision and strictly demand telecom and network companies. Internet companies should be responsible for public and social stability, define their responsibilities, formulate measures, coordinate and supervise each other, and do not produce or send spam. At the same time, it is necessary to increase the ideological and technical training for employees, enhance their ability to resist spam, and constantly purify the good communication content.
Third, strengthen legislation. Legislation is the key to control spam. At present, there is still a lack of legal provisions to control spam. On the one hand, the legislature should draft relevant laws as soon as possible, on the other hand, it should further revise the lagging relevant laws and regulations to meet the needs of the rapidly developing network business. Before the promulgation of new laws and regulations, the public security and judicial organs should impose sanctions on the relevant actors in accordance with the Law on Public Security Punishment and other relevant provisions, and resolutely investigate the legal responsibilities of the parties in bad circumstances.
Legal basis:
Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"
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.
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