Deleting positive reviews is unacceptable; illegal operations must be prevented
[4] Compiled from: Red Star News
Case review
Recently, the Shushan Branch of the Hefei Public Security Bureau cracked a case involving "paid deletion of negative reviews," apprehending 12 criminal suspects, seizing tens of thousands of pieces of citizens' personal information, and involving an amount of over 2 million yuan.
According to the WeChat public account of "Hefei Police," in December 2021, the Shushan Branch of the Hefei Public Security Bureau received a report from a member of the public, after which the Shushan Branch organized a special task force to conduct an investigation. The investigation revealed that a technology company in Henan organized "sales representatives" to proactively contact merchants with records of negative reviews online, boasting that they could provide a "delete negative reviews on your behalf" service. Once a merchant expressed interest, the "sales representatives" would obtain the personal information of users who had left negative reviews through illegal means. After obtaining the users' information, the group would call the users, harass them, and induce them to delete the negative review information by promising certain "kickbacks" and other incentives.
On February 24, 2022, the special task force simultaneously launched operations in Henan, Anhui, and other locations, apprehending 12 criminal suspects, seizing tens of thousands of pieces of citizens' personal information, and uncovering over 2 million yuan involved in the case. Currently, the case is under further investigation.
"Criminal Law of the People's Republic of China"
Article 225: Crime of Illegal Business Operations
Whoever, in violation of state regulations, commits any of the following illegal business operations, disrupting market order, shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; if the circumstances are especially serious, be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal gains or have property confiscated:
(1) Engaging in the sale of goods that are monopolized or subject to restricted trading under laws or administrative regulations without permission;
(2) Buying or selling import or export licenses, certificates of origin for import or export, or other business licenses or approval documents as stipulated by laws or administrative regulations;
(3) Illegally engaging in securities, futures, or insurance business without approval from the relevant state authorities, or illegally engaging in fund payment and settlement business;
(4) Other illegal business operations that seriously disrupt market order.
Article 286: Crime of Destroying Computer Information Systems
Whoever, in violation of state regulations, deletes, modifies, adds to, or interferes with the functions of a computer information system, causing the system to fail to operate normally, with serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are especially serious, the sentence shall be fixed-term imprisonment of not less than five years.
Whoever, in violation of state regulations, deletes, modifies, or adds to data or application programs stored, processed, or transmitted in a computer information system, with serious consequences, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever intentionally creates or disseminates destructive programs such as computer viruses, affecting the normal operation of a computer system, with serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits any of the crimes mentioned in the preceding three paragraphs, a fine shall be imposed on the unit, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
[1] The author's perspective
This case is currently under investigation, and the outcome has not yet been determined. However, the seemingly minor act of deleting negative reviews affects legal interests that cannot be ignored. First, if the company operates by colluding with network platform staff to delete negative reviews, it may be suspected of the crime of illegal business operations. But if it uses hacker methods to infiltrate the platform's evaluation system for deletion, it constitutes illegal intrusion and destruction of others' computer information systems, potentially involving the crime of destroying computer information systems. Since this crime and the crime of illegal business operations are in a relationship of means and purpose, in the case of implicated offenses, the punishment generally follows the more serious crime.
In addition to the two charges mentioned above, this case may also involve infringement of others' privacy and a fair economic environment. In fact, in recent years, many businesses have used incentives to induce consumers to give positive reviews or delete negative ones, and consumers are willing to comply. However, this seemingly “win-win” practice actually infringes upon the interests of other businesses and disrupts market balance. Over time, the commodity economy will fall into chaos. Therefore, for long-term development, such thinking and behavior must be eliminated.
