The Insufficient Legislation Of Online Defamation And Its Countermeasures

In recent years,network defamation has frequently appeared in our public life.Compared with the traditional defamation,it’s hidden,uncontrollable and spreads fast.Some criminals use network as a new crime platform to implement defamation.It results in lots of troubles to personal life and social order.Since online defamations happen frequently.In September 2013,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued “The Judicial Interpretation about Implementing Defamation and Other Crimes via Network Issued by the Supreme People’s Court and the Supreme People’s Procuratorate of PRC”(hereinafter as “the Judicial Interpretation”).Even so,there are still some deficiencies in the criminal legislation of online defamation,which makes it impossible for online defamation to be truly punished.Therefore,we should further discuss it.Based on the development of information network technology and the current situation of online defamation in China,this paper analyzes the legislative status and deficiencies of online defamation in China,and finally puts forward some Suggestions on the existing legislative deficiencies.This article is divided into three parts:Part one: this part mainly introduces the background of the prevalence of online defamation and the analysis of the criminal elements of online defamation.Part two: this part analyzes in detail the inadequacies in the legislation of online libel in China.Part three: this part according to the analysis of the second part puts forward Suggestions and countermeasures against the legislative deficiencies.These Suggestions and countermeasures can restrain the rampant online defamation in China.