Legislation roundup: Defamation Interpretation, Bankruptcy Law and online transactions
September 18, 2013 | BY
clpstaff &clp articles &The SPC and SPP have released an Interpretation about online defamation. The same Court has also issued an Interpretation over the PRC Bankruptcy Law and the SAIC has issued Measures governing online retail transactions
Defamation
Supreme People's Court and Supreme People's Procuratorate, Interpretation on Several Issues Concerning the Application of the Law in Handling Cases of Using Information Networks to Commit Defamation and Other such Criminal Offences
If a party uses an information network to defame another, a finding of the “circumstances are serious” as specified in the first paragraph of Article 246 of the Criminal Law shall be rendered if:
(1) the defamatory information has actually been clicked or viewed at least 5,000 times, or been forwarded at least 500 times;
(2) it causes a serious consequence, such as the victim or a close family member suffering a psychological disorder, committing self-mutilation or committing suicide; or
(3) the party has been subjected to administrative penalties within two years for defamation, and then again defames another person.
See the full translation.
Further reading
Online accountability, Jun 2010
PRC Tort Liability Law, Jun 2010
Bankruptcy
Supreme People's Court, Provisions on Several Issues Concerning the Application of the «PRC Enterprise Bankruptcy Law» (2)
The Provisions set forth provisions on issues relating to the property of debtors from several perspectives, such as the delineation of the property of debtors, the right of cancellation, the right of recovery, the right of set-off, the lifting of preservation from, and suspension of enforcement against, the property of debtors as well as the trial of derivative actions involving debtors.
See the full translation.
Further reading
PRC Enterprise Bankruptcy Law, Oct 2006
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Retail
State Administration for Industry and Commerce, Measures for the Administration of Online Merchandise Transactions and Related Services (Draft for Comments)
The Draft specifies that a business operator is prohibited from carrying out seven types of acts of unfair competition, such as using without authorisation or passing off the domain name, name, logo, etc. of a well-known website, thereby causing confusion with another's well-known website; employing or colluding with another to damage the goodwill of a competitor by giving a malicious assessment that runs counter to the facts after completing a transaction; and carrying out an illegal technical attack on the website or webpage of a competitor, thereby making it impossible for the competitor to normally carry on its business.
See the digest for more details.
Further reading
Protecting enterprise names in China, Jun 2011
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