On April 30, 2021, the People's Court of Yuhang District, Hangzhou City opened a court session in accordance with the law to hear the defamation case of the defendants Lang XX and He XX.

The People's Procuratorate of Yuhang District, Hangzhou City sent officers to support the public prosecution. Lang Moumou, He Moumou and their defenders appeared in court to participate in the litigation.

The court found out after trial

  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 in Liangzhu Street, Yuhang District, Hangzhou, and posted the video on a WeChat group.

The defendant He Moumou used WeChat ID to pretend to be Gu Moumou to chat with him, and then his teammates Lang Moumou used their respective WeChat accounts to impersonate Gu Moumou and the courier, fabricating Gu Moumou's WeChat who met the courier and had multiple improper sexual relations. chat record.

In order to enhance the credibility of the chat records, Lang and He also fabricated videos and pictures such as "On the way to an appointment" and "Dating site".

From the 7th to the 16th of the same month, Lang Moumou posted dozens of screenshots and videos and pictures of the aforementioned fabricated WeChat chat records in the WeChat group, triggering a large number of vulgar and obscene comments in the group.

  After that, the above-mentioned secretly filmed videos and fabricated WeChat chat records screenshots were merged and forwarded by others, and spread to more than 110 WeChat groups (the total number of group members is more than 20,000), triggering a large number of vulgar comments, multiple WeChat public accounts, websites, etc. The reposting of tweets (total reading more than 20,000 times) to the above-mentioned chat history compilation has affected Gu's normal work and life.

After Gu reported the case to the public security agency, Lang XX and He XX voluntarily went to the public security agency for investigation and admitted the aforementioned facts.

The public security organs administratively detained Lang Moumou and He Moumou, and issued a police report to refute the rumors.

  From August 2020 to December of the same year, this matter was reported by many media and aroused hot discussion on the Internet. Among them, only the Weibo topic #被 造言不跑女子今日没有工作# has read 470 million and discussed 58,000 person-times.

The widespread dissemination of the incident on the Internet caused insecurity to the general public and severely disrupted the public order of the Internet society.

  After the incident, the defendants Lang Moumou and He Moumou compensated the victim Gu Moumou.

The court found that

  The defendants Lang Moumou and He Moumou fabricated facts that damage the reputation of others for the purpose of seeking excitement and gaining attention, and spread them on the information network, causing the information to be read and forwarded in large numbers, which seriously infringed the personality rights of the victim Gu Moumou , Affecting his normal work and life, causing him to suffer a certain economic loss, and his social evaluation was also degraded to a certain extent. It was a fabricated fact to slander others through the information network and the circumstances were serious. The actions of the two defendants constituted a crime of defamation, and the prosecution agency charged the crime .

  In view of the fact that the criminal behavior of the two defendants has not only affected the victim Gu, the randomness of the target selection has caused unspecified public panic and a decrease in social security and sense of order; slander information has been circulated on the Internet on a large scale, causing a large number of Obscene and vulgar comments, even though the rumors were refuted by the public security organs, still had a great impact on the public order on the Internet and severely endangered the social order. The public prosecution organ prosecuted the two defendants for defamation, which complied with the law.

  Taking into account that the two defendants have surrendered, voluntarily confessed guilty and punished, they can take the initiative to compensate for losses, sincerely repent, and actively repair the legal relationship. They are first offenders and have no criminal record. The application of probation has no significant adverse impact on the community where they live In specific circumstances, the court accepted the public prosecution’s proposal to sentence the two defendants to one year’s imprisonment and two years’ probation, and the defender’s suggestion on the application of probation.

  The court pronounced in court and sentenced the defendants Lang XX and He XX to fixed-term imprisonment for one year and two years of probation for defamation.

  Representatives of the National People's Congress, members of the CPPCC, media reporters, and representatives of the public attended the trial.