Self-media illegal language may hardly escape imprisonment.

📅 2021-08-05 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #Criminal Law #Advocacy #Terrorist Activities #Legal Awareness #Self-Media

Compiled from: Workers' Daily, Wen Law
 
Case review
One evening, Zhang was playing on WeChat in a rented room in Huilongguan, Changping District, Beijing. When he used a "Bin Laden" avatar to chat in a WeChat group, a netizen said, "Look, a big shot is here." So Zhang followed up with, "Join ISIS with me." No one responded, and they continued chatting about 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, had a weak legal awareness and advocated terrorism and extremism by publishing information in a public WeChat group of over 300 people. His actions constituted the crime of advocating terrorism and extremism and should be punished according to law. Given that he truthfully confessed his criminal facts after being arrested and had no prior criminal record, he was given a lighter punishment according to law, but the circumstances could not be deemed minor. Ultimately, the court sentenced Zhang to nine months' imprisonment for the crime of advocating terrorism and extremism 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.

⚖️ Start Your Professional Legal Service Journey Now

Professional legal team, providing one-stop legal solutions

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID:zhiminglawyer01
  • 💬 WeChat: gd_zhiming

Business hours 9:00-18:00 · Fast Response · Strict Confidentiality · Professional & Efficient

Consultation QR Code

Scan the QR code for consultation

Law Firm Official Account

Scan to follow us