Punishing cyberbullying crimes in accordance with the law by procuratorial organs will strengthen public interest litigation efforts in cyberspace governance

2024-02-26

The reporter recently learned from a press conference of the Supreme People's Procuratorate that current cybercrime is showing a trend of multiple and high incidence. From January to November 2023, the procuratorial organs prosecuted 280000 people of various types of cybercrime, a year-on-year increase of 35.5%, accounting for 18.8% of all criminal offenses. Traditional minor illegal crimes such as insult and defamation have shown amplification effects and increased harm through online dissemination. In recent years, with the development of online communication, online violent crimes have become increasingly prominent. Acts such as wanton verbal abuse, slander, and infringement of privacy on the internet seriously infringe on the personality rights of others, disrupt online order, and affect the public's sense of security. To punish cyberbullying crimes in accordance with the law, procuratorial organs accurately apply public prosecution procedures and effectively punish cyberbullying and defamation crimes. Unlike traditional illegal crimes, online violence has a wide range of information dissemination, significant social harm, and difficulty in eliminating its impact. However, victims often face difficulties in providing evidence and protecting their rights, making it difficult to achieve their rights relief through private prosecution. In response to this, the procuratorial organs actively adapt to the higher demand of the public for criminal protection of personal dignity in cyberspace. For cyberbullying and defamation crimes that seriously endanger social order and national interests, if they comply with the provisions of Article 246 (2) of the Criminal Law, the public prosecution procedure shall be applied in accordance with the law. From January to November 2023, the procuratorial organs prosecuted a total of 39 individuals for crimes of insult and defamation in accordance with the law, striving to support the victims and resolutely showing their swords to cyberabusers. In recent years, the Supreme People's Procuratorate has fully utilized the advantages of prosecutorial integration, strictly enforced the quality standards of cases of online violence crimes that are widely concerned by society, and supervised and guided the handling of online violence cases such as the defamation case of Hangzhou women taking express delivery. At the same time, many of the 14 statutory areas of public interest litigation in procuratorial work involve cyberspace. On the basis of handling legal cases well, the procuratorial organs actively explore solutions to public interest litigation in response to the strong feedback from the people on online violence, online rumors, online negative information, and other difficulties in managing online black and gray industries. In September 2023, the Supreme People's Procuratorate, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on Punishing Cyber Violence Violations and Crimes in accordance with the Law", which clearly stipulates that if online violence acts harm public interests, the People's Procuratorate may file a public interest lawsuit with the People's Court in accordance with the law. At present, in response to the serious infringement of the personal rights and interests of many citizens, the Supreme People's Procuratorate is guiding local procuratorial organs to make judgments in order to carry out public interest litigation supervision. Next, the Supreme People's Procuratorate will continue to strengthen the handling of public interest litigation in cyberspace governance, research and establish judicial rules for evaluating, repairing, and preventing public interest damage in cyberspace, and help create a safe online environment. (Lai Xin She)

Edit:Wangchen    Responsible editor:Jia Jia

Source:People.cn

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