Can I sue for swearing by SMS?

Yes, texting and swearing can be prosecuted.

First of all, we need to make it clear that sending insults, threats or other types of short messages is an illegal act, which may not only violate the Law of People's Republic of China (PRC) on Public Security Administration Punishment, but also infringe upon the legitimate rights and interests of others, such as reputation rights and personality rights. Therefore, if you are insulted by SMS, you can report to the public security organ and ask the other party to bear legal responsibility.

Secondly, if the content of short message abuse has constituted a civil infringement, then the victim can also safeguard his legitimate rights and interests through civil litigation. Specifically, the victim can collect and save evidence materials such as SMS records and call records, and then file a civil lawsuit with the court, asking the other party to stop the infringement, apologize and compensate for the losses.

To sum up, swearing by SMS can be prosecuted. Whether through administrative channels or civil channels, you can safeguard your legitimate rights and interests. It should be noted that before taking legal action, it is best to consult a professional lawyer to ensure that your rights and interests are fully protected.

Legal basis:

Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates: "Anyone who commits one of the following acts shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: …… (2) publicly insulting others or fabricating facts to slander others; ……"

Article 101 of the Civil Law of People's Republic of China (PRC) stipulates: "Natural persons have the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor. " Article 102 stipulates: "The personal dignity of citizens is inviolable. It is forbidden to damage the reputation of citizens by insulting or defaming. " Article 167 stipulates: "If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger."