Some Discussions About The Internet Defamation

The Internet has been closely linked to our daily life. By the year of 2015, almost 50 percent of Chinese people have become netizens according to the statistic provided by the Internet Society of China. The number of netizens in China ranked No.1 in the world. Internet has been increasingly integrated into our daily life and work. With the increasing popularity of the Internet comes the growing number of Internet crimes. Internet defamation is a new form of defamation which uses the modern information technology as a medium. It has the features of a fast propagation speed, a wide propagation scale, a comparatively lower cost, difficult to eliminate the harm and find out the doer,etc. Recent years, it is common that someone uses the Internet to damage the reputation of others. The typical case of Qin Huohuo gave the society a lesson and reminded us to regulate the network order.We should draw attention to Internet defamation and the governance of it. The Supreme People’s court and the Supreme People’s procuratorate released a joint judicial interpretation named The Interpretation on the handling of information network defamation and other related criminal issues on September 9,2013. This judicial interpretation provides the institutional protection for the regulations of Internet order and at the same time offers a healthy and regular online environment for the citizens. The governance on the behavior of Internet defamation is an important component of the interpretation. Though specialization of the method of Internet defamation, the interpretation defines its standard of conviction. But it still exists flaws and deficiencies. Besides, it does not cover every aspect of Internet defamation. Precisely because of this, the author thinks it is necessary to develop a further discussion about the Internet defamation in order to deepen the research of it.This article starts from the judicial interpretation to demonstrate the conviction of the crime. This article can be divided into three chapters. The first chapter studies the conviction of Internet defamation, mainly discusses the act of fabrication and diffusion in the crime of defamation. The author then analyzes the cases of fabricating facts and diffusing the fabricating facts to strengthen the understanding of its methods stated in the judicial interpretation. The second chapter elaborates the problem of Internet defamation’s object. The defamation on human is undoubtedly the crime of defamation. But there is no decisive answer about the defamation on special objects. This chapter discusses some special objects in the crime of Internet defamation, such as the dead, the legal person, the public figures and the officials. Though the discussion of the objects to solve the problem of crime conviction and the initiation of legal proceedings. The third chapter demonstrates the determination of Internet defamation’s criminal conviction. The author focuses on the study of network traffic, the views and the retweets and makes strict limitations on their cognizance. The author is looking forward to a better understanding of the judicial interpretation and tries to avoid unnecessary distortions.