Rumors about the Henan rainstorm and the Chongqing bank robbery frequently circulate online; legal liabilities for online rumor-mongering and guidance on rights protection

Recently, multiple online rumors—including heavy rainfall in Xuchang, Henan, causing water and power outages for 600,000 people; an armed bank robbery in Shapingba District, Chongqing; and a beggar in Liaocheng, Shandong, allegedly having served as a member of the Eighth Route Army—spread widely on social media platforms, triggering public panic and societal concern. After verification by local cyberspace administration and public security departments, all the above information was confirmed false—maliciously fabricated or distorted by rumor-mongers to attract traffic and attention. Currently, Chongqing police have lawfully imposed administrative detention and other penalties on ten individuals, including Ye Mou and Huang Mou, while Liaocheng police have issued warnings to those who staged the fake scenes.

As a practicing lawyer in Shenzhen, I have observed that these incidents reflect a common legal issue: cyberspace is by no means a lawless domain—fabricating and disseminating rumors may result in administrative penalties at the lighter end and even constitute criminal offenses at the more serious end. Meanwhile, for ordinary citizens who suffer harm from rumors, knowing how to safeguard their rights under the law is an urgently needed skill. This article analyzes, from a practical legal perspective, the legal boundaries of online rumors, the associated liabilities, and avenues for redress.

I. Legal Liability for Spreading Online Rumors: A Tiered Penalty System Ranging from Administrative Detention to Criminal Prosecution

Pursuant to Article 25 of the People’s Republic of China Law on Public Security Administration Punishments, any person who spreads rumors, falsely reports emergencies, epidemics, or police alerts, or otherwise intentionally disrupts public order shall be detained for not less than five days but not more than ten days, and may concurrently be fined up to RMB 500; where the circumstances are relatively minor, the person shall be detained for not more than five days or fined up to RMB 500. In the case reported by Chongqing authorities, Ye Mou, Huang Mou, and others fabricated false information about an armed bank robbery to attract online traffic, causing serious adverse social impact; accordingly, the public security organs imposed administrative detention upon them pursuant to this provision.

If the rumor-spreading conduct is serious, it may violate the crime of fabricating and intentionally disseminating false information as stipulated in Paragraph 2 of Article 291-1 of the Criminal Law of the People's Republic of China. This crime requires the perpetrator to fabricate false alerts regarding dangers, epidemics, disasters, or public security incidents, and disseminate them on information networks or other media, or to intentionally disseminate such false information while knowing it to be false, thereby seriously disrupting social order, with a maximum penalty of fixed-term imprisonment of not less than three years but not more than seven years. In judicial practice, if rumors cause public panic, trigger panic buying, result in significant economic losses, or seriously impede government emergency response, they are typically deemed to have "seriously disrupted social order."

Additionally, if the rumor targets a specific individual or enterprise, it may constitute infringement of the right to reputation under Article 1024 of the Civil Code, as well as the crime of defamation under Article 246 of the Criminal Law. Lawyers note that the legal liability for spreading rumors online follows a clear tiered structure: ordinary rumors are subject to public security penalties, serious rumors incur criminal liability, and those infringing on the rights of specific subjects are additionally subject to civil compensation.

II. Shared Responsibility of Online Platforms and Publishers: Forwarding May Also Incur Liability

Many netizens believe that only the creators of rumors should bear legal responsibility, and that forwarders can be exempted from liability if they were "unaware." This understanding involves a major misconception. According to Article 1194 of the Civil Code of the People's Republic of China, network users and network service providers who use the internet to infringe upon the civil rights and interests of others shall bear tort liability. If a forwarder disseminates false information while knowing or should have known it to be false, they equally constitute joint infringement.

The Provisions on the Governance of the Online Information Content Ecology, which took effect in 2021, further clarified the responsibilities of content producers, service platforms, and users in the online information space. If platform operators fail to fulfill their statutory obligations for information review, rumor debunking, and content removal, they may, in accordance with Articles 47 and 68 of the Cybersecurity Law, face administrative penalties ranging from warnings and fines to suspension of business and revocation of licenses.

For those who forward messages, lawyers advise: before verifying the authenticity of information, do not forward messages involving sensitive areas such as dangerous situations, epidemics, or police incidents. In practice, public security authorities in many places have penalized netizens who forwarded false police-related information. For example, in 2023, a netizen in a certain location forwarded a fake video claiming "a stabbing incident occurred in a certain place." Although they were not the original poster, they were still detained administratively for three days. Although online identities are virtual, legal responsibilities are real.

III. What to Do If You Fall Victim to Rumors? A Lawyer Teaches You Four Steps to Preserve Evidence and Defend Your Rights

If an individual, business, or organization unfortunately becomes a victim of rumors, they can seek to protect their rights by following these four steps:

First, preserve evidence promptly. Under the Supreme People's Court's Provisions on Evidence in Civil Proceedings, for electronic data such as web pages, videos, and chat records, it is recommended to use notarized electronic evidence preservation or blockchain-based evidence storage tools to safeguard the content, so that you are not left without proof if it is deleted. At the same time, record the time of publication, the publisher's ID, and the scope of dissemination (such as read counts and share counts).

Step two: File a complaint with the platform requesting deletion. Article 1195 of the Civil Code establishes the "notice-and-takedown" rule, under which the rights holder is entitled to notify the internet service provider to take necessary measures such as deletion, blocking, or disconnecting links. If the platform fails to handle it in a timely manner, it shall bear joint liability with the publisher for the expanded portion of the damages.

Third, choose to report to the police or file a lawsuit depending on the severity of the situation. If the rumor involves public order, you can directly report it to the public security authorities; if it only infringes on personal reputation, you can file a civil lawsuit for reputation infringement in court, demanding an apology, elimination of the impact, and compensation for losses (including damages for mental distress). If the circumstances are serious and constitute the crime of defamation, you may initiate a private criminal prosecution.

Step four: apply for a personality rights injunction. Under Article 997 of the Civil Code, if rumors are continuously infringing on the right to reputation, the rights holder may apply to the court for a personality rights infringement injunction. The court will issue a ruling within 48 hours to promptly stop the infringement.

IV. Examining the Compliance Path and Legal Significance of Corporate Rumor Refutation Through the Lens of Charging-Related Rumors

This rumor-debunking content also addresses four major misconceptions about charging new energy vehicles, such as "charging radiation causes cancer" and "fast charging damages the battery." Although these rumors were not maliciously fabricated, they can still harm corporate reputation. According to Article 11 of the Anti-Unfair Competition Law, business operators shall not fabricate or disseminate false or misleading information that damages the commercial credit or product reputation of competitors. If rumors cause substantial harm to a company, the company may pursue legal liability against the rumor-monger for unfair competition and seek compensation.

Lawyers recommend that enterprises establish a routine rumor monitoring and response mechanism: first, set up public opinion monitoring keywords and promptly notarize and preserve evidence when rumors are detected; second, in accordance with Article 1024 of the Civil Code, send lawyer's letters to publishing platforms requesting deletion; third, for rumors with significant impact, jointly release testing reports with authoritative third-party institutions, and consider administrative complaints or civil litigation. In this case, PetroChina's rumor-debunking platform proactively clarified the matter, serving as a model of compliance.

V. Conclusion: The Boundaries of Free Speech Online and Legal Protection

Combating online rumors is a shared responsibility of the whole society. For ordinary citizens, strengthening the ability to discern information and neither spreading nor believing rumors is a basic quality; for victims of rumors, making good use of legal tools and promptly preserving evidence is key to protecting their rights. As a hub for the internet industry, Shenzhen residents particularly need to understand the legal risks associated with the online world. If you have suffered from online rumors or have questions about related legal issues, Guangdong Zhiming Law Firm offers professional legal consultation and representation services to help you safeguard your rights in accordance with the law, fostering a clean and orderly online space.