Identification and Countermeasures of Network Defamation Crime: Present Situation, Supervision Status, and Criminal Applications

Abstract

The network defamation crime presents a serious legal quandary in the digital age. This paper delves into the identification, supervision, criminal applications, and countermeasures of the network defamation crime. First, we clarify the constitutive requirements of the crime and propose a meticulous standard to balance freedom of speech with safeguarding individuals’ rights and interests. Second, we establish an effective onus of proof, thereby alleviating the plaintiff’s load and expediting the judicial process. Simultaneously, we emphasize combating false information to uphold the integrity of cyberspace and further explore the intricate impact of network environments’ anonymity and virtuality on evidence collection, as well as the balance between freedom of speech and individual rights. Finally, this paper puts forward the establishment of transnational cooperation mechanisms and the oversight of social media platforms as a comprehensive strategy to effectively tackle the global challenges in the network defamation crime and contributes valuable insights and suggestions for the wholesome development of cyberspace through detailed discussion.