China News Agency, Beijing, February 21 (Reporter Li Jingze) The rapidly developing Internet has brought convenience to people's lives, and it has also provided conditions for lawbreakers to slander the reputation of others, spy on and spread the privacy of others.
How to meet the people's legal needs for the protection of personality rights?
China's Supreme People's Procuratorate released on the 21st guiding cases including rumors about women taking express delivery, giving judicial answers to the practice of procuratorial organs in strengthening criminal protection of personality rights.
In the rumoured case of a woman picking up a courier, the victim Gu had an improper relationship with the courier because of the rumour, and his normal work and life were seriously affected. Related videos and WeChat chat records were widely disseminated on the Internet, triggering a large number of vulgar and insulting comments , seriously disrupting public order.
When summarizing similar cases of online violations of personality rights, Miao Shengming, member of the Procuratorial Committee of the Supreme People's Procuratorate and director of the First Procuratorate, said that, on the one hand, the occurrence cycle of such cases has obvious stages, often accompanied by hot events. and live.
On the other hand, insulting, slandering, and infringing on citizens' personal information on the Internet has a fast dissemination speed, wide dissemination range, serious harm, and uncontrollable consequences.
To this end, the procuratorial organs grasp the characteristics of the cases, handle typical cases in accordance with the law, timely and accurately, guide the handling of similar cases, implement the legal popularization responsibility system of "who enforces the law, popularizes the law", guides and regulates social behavior, and clearly conveys a message to the society— "Cyberspace is not an extrajudicial place".
Miao Shengming said that since 2019, procuratorial organs across the country have approved the arrest of 168 suspects for crimes of insult and defamation, 12,410 suspects for crimes of infringing on citizens' personal information, and suspects for crimes of infringing on the honor and honor of heroes and martyrs. 12 people; a total of 213 defendants were prosecuted for the crime of insulting and defamation, 21,923 were accused of infringing on citizens' personal information, and 15 were accused of infringing on the honor and honor of heroes and martyrs.
Talking about the next work consideration of the Supreme Prosecutor, Miao Shengming pointed out that the cost of defending the rights of victims of cyber defamation crimes is high, and they face the practical dilemma of "difficulty in obtaining evidence, producing evidence, and proving difficult" through private prosecution. The Ministry has studied and drafted relevant normative documents, and plans to further clarify issues such as "serious harm to social order and national interests" and the connection between private prosecution and public prosecution, so as to better guide the handling of defamation cases.
In addition, Miao Shengming said that the Supreme People's Procuratorate will strengthen case guidance, standardize and guide live broadcast behavior by selecting and publishing typical cases, and maintain people's residential security and residential privacy.
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