What Is a Defeasance Clause?

According to the second paragraph of Article 246 of the Criminal Law of the People's Republic of China, the crime of defamation refers to the act of intentionally fabricating and disseminating fictional facts, which is enough to degrade the personality of others, damage the reputation of others, and has serious circumstances.

According to the second paragraph of Article 246 of the Criminal Law of the People's Republic of China, the crime of defamation means intentional

In a publication that publicly insults others or fabricates facts to slander others, if the circumstances are serious, they shall be convicted and punished respectively for the crime of insult or libel in accordance with the provisions of Article 246 of the Criminal Law. ^[1]

1. Boundary of this crime with public security violations and civil torts

(1) Defamation

Those who commit this crime shall be punished for less than three years

Criminal law provisions for defamation

Article 246 Whoever blatantly insults another person or fabricates facts and slanders others by violence or other methods shall be sentenced to imprisonment of not more than three years, detention, control or deprivation of political rights.

The crimes mentioned in the preceding paragraph shall be dealt with only with the exception of those except those which seriously endanger social order and national interests.

The victim informed the people's court of the behavior stipulated in the first paragraph through the information network, but if it is really difficult to provide evidence, the people's court may ask the public security organ for assistance.

Article 98 The term "advisory processing" referred to in this law refers to the victim's advocacy before processing. If the victim cannot be told due to coercion or intimidation, the people's procuratorate and the close relatives of the victim can also tell.

Libel legal decision

Article 46 of the Law on the Protection of the Rights and Interests of the Elderly, who publicly insults the elderly by violent or other methods, fabricates facts, slanders the elderly, or abuses the elderly, if the circumstances are relatively minor, he shall be punished in accordance with the relevant provisions of the Regulations on Public Security Administration Penalties; Investigate criminal responsibility according to law.

Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security (2000.12.28)

4. In order to protect the personal and legal rights of individuals, legal persons and other organizations, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law for any of the following acts that constitute a crime: (1) using the Internet to insult others or fabricating facts to slander others;

6. Where the use of the Internet violates the legal rights and interests of others and constitutes a civil tort, it shall bear civil liability in accordance with the law.

Judicial interpretation of libel

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications (Law No. [1998] 30. 1998. 12.17)

Article 6 In publications that openly insult others or fabricate facts and slander others, if the circumstances are serious, they shall be convicted and punished respectively for the crime of insult or libel in accordance with the provisions of Article 246 of the Criminal Law.

On September 9, 2013, the Supreme People's Court and the Supreme People's Procuratorate announced the Judicial Interpretation on Handling Criminal Cases of Defamation by Information Network. Judicial interpretation stipulates that if the information network is used to slander others, the same defamatory information has actually been clicked, viewed more than 5,000 times, or retransmitted more than 500 times, it shall be considered as "serious" in Article 246, paragraph 1 of the Criminal Law. Can constitute defamation; if the perpetrator knows that it is a fabricated fact that harms the reputation of others, and has carried out an act spread on the information network, subjectively intentionally and objectively caused actual damage, and if the circumstances are bad, he shall be convicted and punished. If the perpetrator publishes the repost on the Internet without knowing that it is a false fact fabricated by others, even if it causes some damage to the victim's reputation, it does not constitute a crime of defamation.

Interpretations of Several Issues concerning the Application of Laws in Criminal Cases Involving Defamation Using Information Networks

(Adopted at the 1589th meeting of the Judicial Committee of the Supreme People's Court on September 5, 2013, and the 9th meeting of the 12th Procuratorate of the Supreme People's Procuratorate on September 2, 2013)

In order to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to maintain social order, in accordance with the Criminal Law of the People's Republic of China, the Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security, etc., Several issues concerning the application of law in criminal cases such as extortion, blackmail, and illegal operations are explained below:

Article 1 In any of the following situations, it shall be determined as "fabricating facts to slander others" as provided for in Article 246 of the Criminal Law:

(1) fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or directing people to spread on the information network;

(2) Tampering with the original information content involving others on the information network to the fact that damages the reputation of others, spreading on the information network, or organizing or directing personnel to spread on the information network;

Knowing that it is a fabricated fact that harms the reputation of others, spread it on the information network, the plot is bad, and use the "fabricated facts to slander others" theory.

Article 2: If one of the following situations is used to slander another person using an information network, it shall be deemed to be "serious" under Article 246 of the Criminal Law:

(1) the same defamatory information has actually been clicked, viewed more than 5,000 times, or reposted more than 500 times;

(2) causing serious consequences such as mental disorders, self-harm, and suicide of the victim or his close relatives;

(3) Having had administrative penalties for defamation within two years and slandering others;

(4) Other circumstances with serious circumstances.

Article 3: If one of the following situations is used to slander others by using an information network, it shall be determined as "seriously endangering social order and national interests" as stipulated in Article 246, paragraph 2 of the Criminal Law:

(1) triggering mass incidents;

(2) causing disorder in public order;

(3) triggering ethnic or religious conflicts;

(4) slandering many people and causing bad social impact;

(5) Those that damage the image of the state and seriously endanger national interests;

(6) causing bad international influence;

(7) Other situations that seriously endanger social order and national interests.

Article 4 If the use of the information network to slander others within a year has not been dealt with, and the cumulative count of the number of clicks, views and retransmissions of the defamation information constitutes a crime, it shall be punished according to legal crimes.

Article 5 Whoever uses the information network to abusive or intimidate others, has a bad plot and disrupts social order, shall be convicted and punished in accordance with the provisions of Article 293 (1) (2) of the Criminal Law.

Whoever fabricates false information or knows that it is fabricated and disseminates it on an information network, or organizes or directs personnel to disseminate information on the information network, causing disturbance, causing serious disorder in public order, shall be in accordance with Article 293 of the Criminal Law. The provisions of paragraph (4) shall be convicted and punished for the crime of causing provocation.

Article 6 Whoever threatens or begs others, obtains public or private property, has a large amount, or conducts the above-mentioned acts on the basis of processing network information by publishing or deleting it on the information network, in accordance with Article 274 of the Criminal Law. Provides for conviction and punishment for extortion.

Article 7 In violation of national regulations, for the purpose of profit, providing information deletion services through the information network for a fee, or knowing that it is false information, providing services such as the release of information through the information network for a fee, disrupting market order, and it is illegal to have one of the following circumstances: The business conduct is "serious" and convicted and punished for illegal business in accordance with Article 225 (4) of the Criminal Law:

(1) An individual's illegal business amount is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

(2) The unit's illegal business amount is more than 150,000 yuan, or the illegal income is more than 50,000 yuan.

Anyone who commits an act specified in the preceding paragraph that is more than five times the amount specified in the preceding paragraph shall be deemed to have "the circumstances are particularly serious" as provided in Article 225 of the Criminal Law.

Article 8 Anyone who knows that others use the information network to commit defamation, provocation, extortion, illegal business and other crimes, and provide them with funds, places, technical support and other assistance, shall be punished as joint crimes.

Article 9 The use of information networks to carry out defamation, provocation, extortion, and illegal business crimes, and at the same time constitute the crime of damaging commercial reputation and product reputation as provided for in Article 221 of the Criminal Law, and the incitement provided in Article 278 The crime of violent resistance to law enforcement, the crime of fabrication and intentional dissemination of false terrorist information as provided in Article 291 shall be convicted and punished in accordance with the heavier punishment provisions.

Article 10 The information networks referred to in this interpretation include computer Internet, radio and television networks, fixed communication networks, mobile communication networks and other information networks that use electronic devices such as computers, televisions, fixed telephones, and mobile phones as terminals. Public open local area network.