How many years are you sentenced to online swearing?

Less than three years, insulting others online may constitute an insult or libel. There are two kinds of punishments for insulting others on the Internet: administrative punishment and criminal punishment. Administrative punishment is generally detention for more than five days and less than ten days, and a fine of less than 500 yuan may be imposed according to the circumstances. Criminal punishment refers to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

First, how to determine the severity of libel?

According to the criminal law, the crime of libel refers to the deliberate fabrication and dissemination of some fictional facts, which is enough to damage the reputation and personality of others, and the circumstances are serious. According to the constitutive requirements of this crime, the subject, subjective aspects and objective requirements of this crime are defined, and the content of objective requirements is also stipulated: there must be the act of fabricating some facts. That is, the content that slanders others must be fabricated and fictional. That is, it requires that "the content to be distributed must not exist objectively". If the content to be disseminated is an objective fact, even if it damages the personality of others, it does not constitute this crime, which is an act of honorary infringement. There should be acts of spreading and fabricating facts. Defamation is directed at a specific person.

In addition to the above elements, the constitution of libel crime must also be "serious circumstances", but the law and judicial interpretation have not listed what kind of circumstances are "serious circumstances" For "serious circumstances", it is generally understood as a situation with bad means, serious consequences and bad influence.

Second, how to prevent the harm of cyber crime

Perfecting the criminal legislation of cyber crime

The legislation of cyber crime should aim at the openness of cyber society and the concealment of cyber crime. While clarifying the rights and obligations of network management departments, network providers, service providers and users to protect network security, we should accurately distinguish the boundaries between cyber crimes and non-crimes, standardize network management measures, increase the responsibilities and obligations of network service providers and practitioners, and severely punish cyber crimes in anti-government, anti-society, malicious destruction and finance.

By perfecting the legislation of cyber crime, we can guide all walks of life in the cyber society to improve their understanding of the dangers of cyber crime, consciously take cyber laws and self-discipline rules as the norms of cyber behavior, strengthen the regulation of cyber management and cyber behavior, and fully protect the legitimate rights and interests of legitimate cyber actors, so as to achieve the purpose of preventing and punishing cyber crime.

Improve network technology and equipment

In reality, cyber criminals often use the defects of the network system to commit cyber crimes, so the quality of tools and hardware used in the network system directly determines the defense ability of network security. We must increase investment in research and development of China's network defense technologies and equipment, especially network technologies such as encryption, digital signature, authentication, auditing, logging, network monitoring and security inspection, important network equipment such as routers, security gateways, firewalls and super servers, and computer software such as Chinese operating system.

Strengthen the management of network users.

While strengthening the self-defense ability of the network, we should strictly implement the scientific network security protection and supervision system to prevent illegal users from committing cyber crimes. This requires a reasonable division of labor, full cooperation, an effective network management system and a good internal management system for network users.

Strengthening backup emergency recovery, network intrusion early warning, installing operating system and server patches, checking network security frequently, plugging loopholes, and establishing a perfect network and its information security protection system are important ways to prevent network crimes and strengthen network management capabilities.

Legal basis: Article 246 of the Criminal Law.

Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.

If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.