Regulatory Disputes to the Crime of Online Insult and Defamation in China

Abstract

The digital network era has significantly improved society and the economy, and network security protection has become a significant concern. The criminal regulation of these emerging types of cybercrime should be promptly addressed, given their frequent occurrence. Online violence and rumors have always been the focus of attention in constructing network security. Network personal information crime is not an unfamiliar crime field, its essence is a new form of combining the network as a medium of transmission or using network technology to connect traditional crimes. The insult and defamation crimes in the network are among the significant instances of online personal information crimes, which refer to behaviours that infringe on individuals rights, such as privacy and honour, using violent words in cyberspace. Because of their intersectionality, online insults and defamation crimes are extremely easy to be ignored. In reality, judicial and administrative agencies have different criteria for and disposal of violence in online insults and defamation. Hence, identifying research on Internet insults and defamation has become an essential issue in the legal community and judicial activities. This article summarizes and discusses the confirmation of participating entities, whether the behavior of the actors dessemination constitutes a crime, and the illegal obstacles caused by cyber insults and slander behaviors, and summarizes the corresponding conclusions.