"Banxian" Internet celebrity fortune teller was detained for 15 days for illegal profit [using software to tell fortunes for people, illegally making more than 200 million yuan in the past three years; Lawyer: If it causes certain consequences, legal responsibility can be pursued]
According to the Anhui public security of the Chinese police network, a few days ago, the fortune-telling blogger "Yihe Kuange" in Fuyang, Anhui Province, was administratively detained for 15 days for promoting feudal superstitious content and disrupting social order on social platforms. On April 4, the Fuyang police confirmed the news to a reporter from the Beijing News. The reporter's search found that similar fortune telling bloggers and fortune telling websites on the Internet are varied, providing services at different prices. Some lawyers said that not only fortune tellers will be punished, but only if certain consequences are caused. Beijing News reporter Peng Chong
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The fortune teller has 3,8 followers of at least 300 yuan per trigram
According to the Anhui Public Security WeChat "detective" of the Chinese police network, recently, during an online inspection by the civilian police of the Internet Security Brigade of the Yingzhou Branch of the Fuyang Public Security Bureau, they found that netizens in the jurisdiction "Yihe Kuange" posted videos suspected of spreading feudal superstitious activities on social platforms. The blogger's release records contain a large number of content promoting feudal superstition such as fortune-telling and disaster elimination, which seriously disrupted social and public order. Subsequently, the Cyber Security Brigade and the police of the Chengnan New District Police Station carried out an investigation, squatted and waited, and successfully arrested Liu Mouzhu, "Brother Yihe Kuan".
After investigation, it was found that Liu Mouzhu began to help customers watch fortunes, drive away evil spirits, see a doctor, and overdo their deceased relatives on social platforms around 2020, and currently has 3,8 fans. And his real fortune-telling process is to use a fortune-telling software, enter the birthday eight characters provided by the other party into the query, according to the information content provided by the software, according to the actual situation and needs of customers, say what customers want to hear.
It is reported that Liu Mouzhu has made at least 300 yuan per trigram and has illegally made more than 200 million yuan in the past three years. At present, Liu Mouzhu has been administratively detained for 15 days in accordance with the law for using superstitious activities to disrupt social order.
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Online "god operators" claim to be able to count feelings, wealth and careers
A search by a reporter from the Beijing News found that there are many similar fortune-telling bloggers. On Weibo, many popular horoscope numerology bloggers have more than one million followers, and the most popular bloggers even have tens of millions of followers. These bloggers usually post numerology, horoscope, physiognomy, feng shui and other related knowledge, and also publish some suspected WeChat chat records with customers. In the screenshot, some customers said that "the calculation is very accurate" and "I really feel better after the calculation". Add the WeChat ID published by these bloggers, provide name, birth time, plain photo, palm photo and other information, you can measure the fortunes of feelings, marriage, career, exams, family, health and so on. The reporter's consultation found that the price of a calculation ranges from tens of yuan to thousands of yuan.
In addition, if you search for the keyword "fortune telling" on the Internet, you can also find a variety of fortune telling websites and apps. The reporter enters one of the websites, enters the name, gender, birth time, and then pays 28.66 yuan, you can get a detailed interpretation of your own situation, emotional fortune, wealth fortune, career development, etc., and will also get an analysis report containing suggestions on how to find a career that suits you and how to improve your financial luck. The website declares, "More than 498.95 million people have measured it, and <>% of users find this measurement helpful for life planning and development." ”
Some websites claim that you can tell fortunes for free, but the reporter tried to calculate and found that the results obtained were mostly professional terms related to five lines and eight characters, which were difficult to understand, and there was a link at the end of the article, "If the free fortune-telling content cannot meet your calculation requirements, please click here, professional masters 10000,<> words detailed approval of lifelong fortunes." The reporter clicked on the link and found that it was a paid measurement.
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Lawyer: Superstitious activities are not protected by national law
Are these fortune-telling and divination activities illegal? The Beijing News reporter consulted Zhao Liangshan, senior partner and public interest lawyer of Shaanxi Hengda Law Firm.
He said that in our country, superstitious activities are not protected by national law. Article 15 of the Measures for the Administration of Internet Information Services clearly stipulates that internet information service providers are prohibited from producing, reproducing, publishing, or disseminating information advocating feudal superstitious content.
In this case, fortune telling blogger "Yihe Kwange" had a large number of situations of promoting feudal superstition such as fortune-telling and disaster elimination, which caused a certain impact, and according to the relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China, the police's administrative detention of "Yihe Kwange" for 15 days was not improper.
Zhao Liangshan pointed out that administrative punishment is not only required to tell fortunes for others, "only to a certain extent will you be punished, such as telling fortunes for others harms the health of others, or disrupts social order." Although there is no clear provision in the law on how to define "disrupting social order", in judicial practice, a variety of factors are generally considered, "such as a large number of followers of fortune-telling bloggers, a large number of clicks on fortune-telling remarks, or a large number of customers who accept fortune-telling, etc., and the police will give different degrees of administrative punishment depending on the situation." In addition, Zhao Liangshan also reminded that if you use the banner of fortune-telling, fabricate facts, and defraud others of money, and the amount is large, you have violated the Criminal Law and are suspected of fraud, and you can be investigated for criminal responsibility.