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

(1) fabricates a falsehood that damages the reputation of another and disseminates or arranges for or causes another to disseminate the same on an information network; or

(2) takes an original piece of information about another found on an information network, distorts it into a falsehood that damages the reputation of another and disseminates or arranges for or causes another to disseminate the same on an information network.

If a party is well aware that something is a falsehood that has been fabricated to damage another's reputation, disseminates it on an information network, and the circumstances thereof are adverse, the matter shall be handled as if he/she/it has “fabricated a falsehood to defame another”.

Article 2: 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 on 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;

(3) he/she/it has been subjected to administrative penalties within two years for defamation, and he/she/it again defames another; or

(4) another serious circumstance.

Article 3: The use of an information network to defame another shall be found to “seriously jeopardise the social order or the interests of the state” as specified in the second paragraph of Article 246 of the Criminal Law if:

(1) it triggers a mass incident;

(2) it triggers a disruption in the social order;

(3) it triggers an ethnic or religious clash;

(4) numerous parties are defamed, causing a detrimental social effect;

(5) it damages the national image, seriously jeopardising the interests of the state;

(6) it causes a detrimental international effect; or

(7) another circumstance that seriously jeopardises the social order or the interests of the state arises.

Article 4: If information networks are used on multiple occasions in one year to defame others without the matter being handled and if the total number of times the defamatory falsehood has actually been clicked on, accessed or forwarded is sufficient to constitute a criminal offence, the perpetrator shall be convicted and punished in accordance with the law.

Article 5: If an information network is used to insult or intimidate others and the circumstances thereof are adverse, undermining the social order, the perpetrator shall be convicted and punished for the crime of stirring up trouble in accordance with Item (2) of the first paragraph of Article 293 of the Criminal Law.

If a party fabricates false information or is well aware that it is fabricated false information and disseminates it on an information network or arranges for it to be disseminated or instructs others to disseminate it on an information network, creating a disturbance and seriously disrupting the public order, he/she/it shall be convicted and punished for the crime of stirring up trouble in accordance with Item (4) of the first paragraph of Article 293 of the Criminal Law.

Article 6: If a party threatens or coerces another with online information published, deleted or otherwise processed on an information network to demand public or private property and the amount thereof is relatively large, or commits the above act on multiple occasions, he/she/it shall be convicted and punished for the crime of extortion or blackmail in accordance with Article 274 of the Criminal Law.

Article 7: If a party, for the purposes of making a profit, violates state provisions by providing an information deletion service for consideration over an information network or provides an information publication service for consideration over an information network knowing well that the information is false, disrupting the market order, the same shall be deemed illegally operating a business where the “circumstances are serious”, if any of the circumstances set forth below applies, and he/she/it shall be convicted and punished for the crime of illegally operating a business in accordance with Item (4) of Article 225 of the Criminal Law;

(1) the perpetrator is an individual and his/her illegal business turnover is at least Rmb50,000, or illegal income is at least Rmb20,000; or

(2) the perpetrator is an entity and its illegal business turnover is at least Rmb150,000, or illegal income is at least Rmb50,000.

If an act as set forth in the preceding paragraph is committed and the amount involved reaches at least five times that specified in the preceding paragraph, the same shall be found to be “exceptionally serious circumstances” as specified in Article 225 of the Criminal Law.

Article 8: If a party is well aware that another is using an information network to commit defamation, stir up trouble, commit extortion or blackmail, illegally operate a business or commit another such criminal offence and he/she/it offers such party assistance in the form of money, premises or technical support, he/she/it shall be treated as complicit.

Article 9: If an information network is used to commit the crime of defamation, stirring up trouble, extortion or blackmail or illegally operating a business and the same additionally constitutes the crime of harming business reputation or product reputation as specified in Article 221, the crime of inciting the masses to violently resist the implementation of a law as specified in Article 278 or the crime of fabricating or deliberately disseminating false terrorism information as specified in a provision of Article 291 of the Criminal Law, the perpetrator shall be convicted and punished in accordance with the provision of imposing a heavier punishment.

Article 10: For the purposes of this Interpretation, the term “information network” means the computer internet, a broadcast television network, landline telecommunication network, mobile telecommunication network or other such information network on which a computer, television, landline telephone, mobile telephone or other such electronic equipment serves as a terminal, or a local area network that is accessible by the public.