Since the advent of Facebook (Facebook) in 2004, social media has changed the way the world's information flows, people no longer need to express their opinions, complaints or complaints through mass media, such as newspapers, television, and radio. Nowadays, as long as the mobile phone has electricity, the Internet signal is unblocked, and the speech is hot enough and the topic is scary enough, it will attract everyone's attention. What is the difference between "blatant insult" and "defamation"? As the threshold for people to use the media has been lowered, their remarks on the Internet have also become unscrupulous, often breaking the legal boundaries in order to express their opinions. Among them, the public is most often confused about the difference between "blatant insult" and "defamation". Open insults are understood literally, "open" is an act that is made known to an unspecified majority (the public) in a public place (including the Internet); and "insult" is a behavior that does not specify specific facts and makes people feel psychologically Feeling unbearable is not limited to words, including.
Spitting, slaps, and showing videos, pictures and texts are considered insults. According to Article 309 of the Criminal Law, those who openly insult others shall be sentenced to short-term detention or a fine of not more than 9,000 yuan. Whoever commits the crime in the preceding paragraph by rape shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention, or a fine of not more than 15,000 yuan. Therefore, the public insult constitutes number list an element: as long as it is known to the public majority, and the harm is unbearable to the target person or institution, it can be prosecuted under Article 309 of the Criminal Law. It is worth noting that in the cases of public insults, it is further divided into "general public insults" and "aggravated public insults" according to the circumstances. Aggravated blatant insults refer to those who harm others by violent behavior, such as malicious physical contact, graffiti, etc., which can constitute an aggravated condition.
In an age where everyone is the media, public insults on the Internet have become one of the major cases investigated recently. As long as the Internet speech is referred to in the cyberspace of an unspecified majority, such as Twitter and other forums, communication and social software, it can be a case. It is worth noting that attacking a pseudonym on the Internet, as long as it can be linked to the user's personality, is a part of the crime. For example: attacking the moderators of online forums, causing damage to the evaluation of the virtual world, will still be prosecuted. What's the difference between blatant insults and defamation? In short, blatant insults tend to slander and humiliate behaviors; defamation is to slander one's reputation with "comments", such as accusing others of adultery, sexual harassment, candid photography or an affair, withdrawing deductions, etc. According to Article 310 of the "Criminal Law": A person who, with the intent to spread to the public, accuses or narrates something that is enough to damage the reputation of another person shall be charged with the crime of defamation and shall be sentenced to fixed-term imprisonment