Extended data
offensive
1: According to Article 246 of the Criminal Law of People's Republic of China (PRC), the crime of insult refers to an act that publicly insults the personality and damages the reputation of others by violence or other means, and the circumstances are serious.
2. The crime of insult objectively uses violence or other methods to publicly slander others; Subjectively, it can only be intentional, that is, the actor knows that his insulting behavior will cause damage to the reputation of others, and hopes or allows this result to happen. In addition, according to the criminal law, only serious insults constitute this crime.
3. The object of this crime is the personal dignity and reputation of others. The rights of personal dignity and reputation are the basic personal rights of citizens. Article 38 of the Constitution stipulates: "The personal dignity of the people and citizens of China is inviolable. It is forbidden to insult, slander and falsely accuse citizens in any way. " The so-called personal dignity refers to citizens' understanding and respect for their own or others' personal and social values based on their social environment, status, prestige, working environment, family relations and other objective conditions. The so-called reputation refers to the fame and reputation gained by citizens in social life, and it is the social evaluation of a citizen's morality, talent and credibility in social life. The so-called reputation right refers to the personality right with the maintenance and safety of reputation as its content.
slander
1: There must be an act of fabricating some facts, that is, the content of slandering others is completely fictitious. If the facts spread are not fabricated out of thin air, but exist objectively, even if the personality and reputation of others are damaged, it does not constitute this crime.
There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the personality and reputation of the victim. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it will not damage the personality and reputation of others, it does not constitute libel.
Defamation must be directed at a specific person, but it is not necessary to name names. As long as we know who the victim is from the content of libel, it can constitute libel. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel.
4. The act of fabricating facts and slandering others must be serious to constitute this crime. Although there is an act of fabricating facts to slander others, if the circumstances are not serious, it cannot be punished as this crime. The so-called serious circumstances mainly refer to the repeated fabrication of facts to slander others; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects; Defamation of others leads to the victim's mental disorder or suicide, and so on.
Reference materials? Baidu Encyclopedia: Insult and Defamation