China News Service, February 26. According to the WeChat official account of "Zhejiang Procuratorate", on February 26, 2021, the People's Procuratorate of Yuhang District, Hangzhou City filed a lawsuit against the defendants Lang and He for defamation to the Yuhang District People's Court. .

  In the case of defendants Lang and He suspected of defamation, according to the recommendations of the People's Procuratorate of Yuhang District, the Yuhang District Bureau of Hangzhou Public Security Bureau opened the case for investigation on December 25, 2020, and the investigation was completed on January 20, 2021 and transferred to the prosecutors for review and prosecution.

During the review and prosecution stage, the procuratorial organ informed the defendants Lang and He of their litigation rights, and interrogated the defendants in accordance with the law, and listened to the opinions of the defendants and their defenders, victims and their litigation representatives.

The two defendants compensated the victims for their losses.

  The People’s Procuratorate of Yuhang District prosecuted the allegations: At 18:00 on July 7, 2020, the defendant Lang used his mobile phone to secretly photograph the victim Gu, who was waiting to pick up the courier, in a courier station on Liangzhu Street, Yuhang District, and posted the video on a certain The team WeChat group.

Later, the defendant Lang and the defendant He used their respective WeChat accounts to impersonate the courier and the victim Gu, for the purpose of seeking excitement and gaining attention, and fabricated that Gu met the courier because of the delivery, and the two had multiple improper sexual relations. Of WeChat chat history.

In order to enhance the credibility of the chat records, the two defendants fabricated videos and pictures such as "on the way to an appointment" and "dating scene".

From July 7 to July 16 of the same year, the defendant Lang published the above fabricated WeChat chat record screenshots, videos, and pictures one after another on a certain motorcade WeChat group, triggering a large number of vulgar comments in the group.

  The above-mentioned candid videos and fabricated screenshots of WeChat chat records were merged and forwarded by others, and spread to multiple WeChat groups, WeChat official accounts and other online platforms, triggering a large number of clicks, readings, and vulgar comments, and aroused hot discussion on the Internet.

The victim, Gu, was dismissed by the company because he was unable to perform his duties normally due to defamation, and was later diagnosed as depressed by the hospital.

  The procuratorate found that the defendants Lang and He fabricated facts to slander others, which not only harmed the personality rights of the victims, but also spread widely and rapidly through the Internet, seriously disrupting the public order of the Internet society, causing insecurity to the general public, and serious harm to society Order has violated the provisions of paragraphs 1 and 2 of Article 246 of the Criminal Law of the People’s Republic of China, and shall be investigated for criminal responsibility for defamation through public prosecution procedures.

  Different from oral defamation and community spread of defamation in the past, after the occurrence of an online defamation case similar to the victim Gu in this case, it is hoped that individual citizens will collect evidence on their own in accordance with the criminal private prosecution procedure or be assisted by the public security organs in order to prosecute crimes and protect their rights. Many difficulties will be encountered. Only when public security and judicial organs initiate public prosecution procedures in accordance with the law can they prosecute crimes in a timely and effective manner and protect the legitimate rights and interests of victims. Strengthening the criminal law protection of citizens' personality rights, maintaining the social order of the network, and creating a clear and clear network environment are the fulfillment of the requirements of comprehensive rule of law and the duty and mission of judicial organs. The procuratorial organs will perform their duties in accordance with the law to promote the healthy and orderly development of cyberspace.