Beijing, March 3 (Zhongxin.com) -- Recently, a male college student at Soochow University maliciously posted photos of female classmates on a pornographic website, which aroused great concern from netizens, universities and all walks of life.
Why do malicious P-map rumor-mongering incidents occur repeatedly? How should victims protect their rights and interests after being rumored?
Malicious posting of photos of female classmates on pornographic websites, and the school expelled her from school
On March 3, the party Ms. Zhang (pseudonym) posted that high school classmate Zhao Moumou posted photos of herself on social platforms and posted them on pornographic websites. Zhao also lied about having relationships with multiple women.
After the incident aroused public attention, Soochow University responded that the university attached great importance to it, and had initiated the investigation procedure as soon as possible, and would deal with it seriously according to the results of the investigation in accordance with laws and regulations.
On March 3, Soochow University issued a circular: After investigation and verification, the illegal behavior of our student Zhao Moumou is true, and the public security organ has made an administrative punishment decision. The student will be expelled from school in accordance with the relevant regulations of the school, and the subsequent procedures will be followed. Our school attaches great importance to cultivating morality and cultivating people, and will further strengthen students' ideological and moral education and legal education, and effectively maintain a healthy and uplifting educational environment in the school. Thank you for your concern and attention to our school!
Screenshot of Soochow University announcement
Guan Zhiqiang, a lawyer at Beijing Hengdu Law Firm, told Chinanews.com that rumor-mongering mainly involves the following legal issues:
From a civil perspective, rumor-mongering infringes on the rights of personal citizens' reputation and portrait, and citizens have the right to request the cessation of infringement, restoration of reputation and compensation for losses.
At the administrative level, administrative organs may impose administrative punishments of fines and detention on those who spread rumors or spread rumors.
From the criminal level, deliberately adopting the form of P pictures and other forms to distort the image of others, spread obscene information, and is suspected of the crime of insult; Uploading obscene information to a third-party platform is suspected of the crime of disseminating pornographic materials, and if it is profitable, it is suspected of spreading pornographic materials for profit.
"At present, in the information society, rumor-mongering is relatively convenient to implement, the perpetrators of violations are hidden, and the cost of protecting the rights of victims is high." Guan Zhiqiang said.
What illegal acts are involved in making pornographic rumors? How is disciplined?
Guo Kai, a full-time criminal defense lawyer at Beijing Jingshi (Tianjin) Law Firm, said that Zhao Moumou in the incident spread pornographic pictures maliciously produced on the Internet, which is an act of fabricating facts and openly degrading the personality of a specific natural person and damaging the reputation of others, which may constitute the crime of insult depending on the severity of his behavior.
According to the relevant judicial interpretations, if the defamation information released by Zhao Moumou is actually clicked or viewed more than 5,000 times, or forwarded more than 500 times, it constitutes a crime and shall be punished. where a crime is not constituted, public security administrative punishments may be given in accordance with law, and may be detained for up to five days or fined up to 500 yuan; where the circumstances are more serious, they shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan.
He explained that the crime of insult is a "personal complaint", that is, a crime in which the victim tells and does not deal with it. "Unless the crime reaches the level of serious harm to social order and the interests of the state, the judicial authorities will not deal with the occurrence of the infringement even if the victim does not tell him."
During the incident, some victims have already called the police, and Guo Kai pointed out that the judicial authorities have the right to review whether Zhao's behavior constitutes the crime of insult based on the number of views and other circumstances of the online post.
"On the other hand, Zhao's act of spreading pornographic images on the Internet may itself constitute the crime of disseminating pornographic materials, depending on the severity of his behavior." Guo Kai said.
According to the relevant judicial interpretations, if its behavior has a profit-making purpose, if the disseminated picture is identified as an obscene image, and the actual number of clicks exceeds 5000,10000 times, its behavior meets the standard for filing a crime. Even if there is no profit purpose, it is a crime to have an obscene image that has been viewed more than <>,<> times. Even if the criminal standard is not met, public security administrative punishment may be given in accordance with law, and detention for not less than <> days but not more than <> days may be given, and a fine of not more than <>,<> yuan may be imposed concurrently; where the circumstances are minor, they shall be detained for not more than five days or fined not more than <> yuan.
"Which crime Zhao's behavior may constitute needs to be examined according to two different crimes. If they are all constituted, the same act constitutes different offences, and one felony shall be punished. Guo Kai said.
What should victims do if they open their mouths and open their mouths, refute rumors and break their legs?
Shen Chun, a lawyer at Beijing Jingshi Law Firm, believes that rumors are no less harmful than violent crimes, and those who have been harmed should take up legal weapons to protect themselves. The victim can sue the other party for infringement, and if it is serious, report the case to the public security organ. There are two points to pay attention to in the process of rights protection:
First, sue the other party for infringement of the right to reputation. Infringement of reputation in a civil nature is less illegal than the crime of defamation and defamation in violation of public security administrative regulations. Reputation infringement, even if the content described is true, as long as it is prohibited by law from being publicly publicized, disclosure will damage the personality and reputation of others, and can also constitute reputation infringement.
Second, report the case to the public security organs. If the circumstances are not sufficient to constitute a criminal offense, it shall be punished as defamation in violation of public security administrative regulations. "The crime of defamation is a private prosecution case, and victims are advised to fix evidence of the other party's illegal acts as much as possible." Shen Chun said.
He especially reminded that after discovering that he has been rumored or infringed, he needs to fix the evidence in time and retain the relevant evidence by downloading, screenshots, etc. Notarize the evidence of electronic data that can prove the result of infringement as soon as possible before the evidence is lost.
At the same time, the preserved evidence should be submitted to the corresponding network service provider (i.e. information dissemination platform) and required to take necessary measures to prevent infringement.
Finally, sue the platform, ask for the real-name information of the rumor-mongering account, and then sue the account itself to pursue the corresponding legal responsibility. (End)