Perspectives On Internet-borne Public Disturbance Crime

Internet-borne Public Disturbance Crime is not an independent criminal accusation, but a variation of traditional Public Disturbance Crime in the context of network development. Co-existing with the traditional physical space to form double layers of human life, cyberspace provides a secondary realm for human activities and therefore has public areas too. The term Public Order mentioned in Article 5 Section 2 of Judicial Interpretation of Internet Defamation refers to disturbed orders in internet public areas due to spread of false information in the double-layered human life. The internet public areas in which perpetrators spread false information do not share identity with internet public areas in which disturbances take place. In the cyberspace, identity is a relative concept, whose definition depends on the closeness between internet public areas. It is not sensible to discuss whether opinions and comments are behaviors from the perspective of existence. In order to delineate the boundary between crime and freedom of speech, we must approach the issue from the angle of speech freedom’s limit and determine the speech’s behavior implementation by conducting calibrated and substantive analyses. Outrageous cases of internet insults and threatening as well as fabrication and spread of false information match the objective behavior pattern of accusation of public disturbance and more importantly, cause substantive harm to orders of society and internet public areas. For these reasons, it is warranted for criminal law to intervene. The definition of false information and confirmation of crime subject’s deliberation are two crucial prerequisites for accusation of internet-borne public disturbance. Therefore, utmost prudence and caution must be applied in the process. We have to accurately grasp the three characteristics of false information. Particularly, we should differentiate among the determination of knowing and the criteria for false information’s originators, disseminators, forwarders, falsifiers, and sympathizers.