Self-media illegal language may hardly escape imprisonment.

Compiled from: Workers' Daily, Wen Law
 
Case review
One evening, Zhang was using WeChat in a rented apartment in Huilongguan, Changping District, Beijing. While he was chatting in a WeChat group with the avatar “Bin Laden,” a netizen commented, “Look, a big shot has arrived.” Following that remark, Zhang posted, “Join ISIS with me.” No one responded, and everyone continued discussing other topics.

 
 

Subsequently, the Changping District Public Security Bureau of Beijing summoned Zhang in accordance with the law and arrested him on suspicion of advocating terrorism and extremism.
 
Police reviewed his phone and computer and found that apart from the statement posted in the WeChat group, Zhang had no other remarks related to terrorism.
 
 
Relevant legal provisions
"Criminal Law of the People's Republic of China"
Article 120-3: [Crime of Advocating Terrorism, Extremism, and Inciting Terrorist Activities]
Whoever produces or distributes books, audio or video materials, or other items advocating terrorism or extremism, or advocates terrorism or extremism through lectures, publishing information, or other means, or incites terrorist activities, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance, or deprivation of political rights, and shall also be fined; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or have property confiscated.
 
 
[1] Court Opinion
The defendant Zhang, lacking a strong sense of the rule of law, disseminated information advocating terrorism and extremism in a public WeChat group with more than 300 members. Such conduct constitutes the crime of advocating terrorism and extremism and should be punished in accordance with the law. Given that Zhang truthfully confessed the facts of the crime after being apprehended and had no record of illegal or criminal activities, the court imposed a lighter punishment in accordance with the law, but the circumstances could not be deemed minor. Ultimately, the court ruled that Zhang was guilty of the crime of advocating terrorism and extremism, sentenced him to nine months of fixed-term imprisonment, and imposed a fine of 1,000 yuan.

 

 
[1] The author's perspective
In fact, in the current era of big data and online information, no matter the platform, user information is collected to varying degrees, not to mention that our country also has cyber police. Therefore, one must be cautious about their words and actions in public places and on public online platforms; otherwise, they may violate the law or even commit a crime. So, what penalties can result from spreading extremist remarks?
 
1、Civil Liability
If spreading rumors infringes upon an individual's right to reputation or a legal person's commercial reputation, according to the provisions of China's Civil Code, the responsible party must bear liability for ceasing the infringement, restoring reputation, eliminating adverse effects, making an apology, and compensating for losses.
 
2. Administrative Liability
According to Article 25 of the Public Security Administration Punishments Law of the People's Republic of China, anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan; if the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than 500 yuan: (1) spreading rumors, falsely reporting emergencies, epidemics, or police alerts, or intentionally disrupting public order by other means; (2) disrupting public order by placing false explosive, toxic, radioactive, corrosive substances, or pathogens of infectious diseases; (3) threatening to commit arson, explosion, or placement of dangerous substances to disrupt public order.
 
3. Criminal liability
If spreading rumors constitutes a crime, criminal liability shall be pursued in accordance with the provisions of the Criminal Law. According to Article 291-1 of the Criminal Law on the crime of releasing false dangerous substances, anyone who releases false explosive, toxic, radioactive, or infectious disease pathogen substances, or fabricates terrorist information such as bomb threats, biochemical threats, or radiation threats, or knowingly disseminates fabricated terrorist information, seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance; if serious consequences are caused, the sentence shall be fixed-term imprisonment of not less than five years. Anyone who fabricates false information about dangers, epidemics, disasters, or police alerts and disseminates it on information networks or other media, or knowingly disseminates the above false information on information networks or other media, seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; if serious consequences are caused, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years.