Is harassment a crime?

SMS harassment is an illegal act, and the public security organ shall impose administrative punishment according to the Law on Public Security Administration Punishment.

According to Article 42 of People's Republic of China (PRC) Public Security Administration 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.

Extended data:

First, harassing text messages generally have the following characteristics:

1, generally, SMS harassment without the consent of the receiving party is unilaterally released without the prior consent of the receiving party;

2. Infringe on the legitimate rights and interests of the recipient: infringe on a series of rights such as the freedom of communication of the short message recipient without the consent of the recipient;

3. Illegal: The content of short messages violates the prohibitive provisions of laws and regulations, such as false and fraudulent advertisements, pyramid schemes, harassment, pornography and feudal superstitions.

Spam messages prohibited by this kind of legislation can be intercepted or reported by some mobile phone protection software.

The second is the restriction on personal mobile phones to send a large number of short messages.

1, China Mobile: If a mobile phone number sends more than 200 SMS messages per hour, or sends more than 1000 SMS messages a day, it will be considered as suspected spam by the system, and the SMS function of this mobile phone number will be restricted.

However, this restriction is limited to the sending and receiving of short messages and will not affect the use of other functions of mobile phones. Moreover, after verifying that the sent SMS is not spam, the system will automatically lift the restriction after 2 hours.

2. China Unicom: According to the national policy, in order to prevent the penetration of spam messages, too many mass messages will be blacklisted, and there is no standard for the specific number.

3. China Telecom: Users who send short messages more than a certain standard every day will be intercepted.

Third, the solution

1, the cultivation of citizens' moral quality should be strengthened.

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.

2. 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.

Formulate measures, coordinate with each other, supervise, and do not generate 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.

3. 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.

In order to adapt to the rapid development of network business needs. 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.

Baidu Encyclopedia-People's Republic of China (PRC) and Public Security Administration Punishment Law