What is illegal to spread rumors about the epidemic？ How to punish the rumor epidemic？

Introduction: "The Internet is not a place outside the law." I think everyone will be familiar with this sentence. For individual netizens, posting unidentified news on the Internet, or even maliciously fabricating rumors about the epidemic, these are all suspected illegal and criminal acts. Xiaobian, a barrister’s network, suggests that everyone should learn about the epidemic through the news published by local governments and other formal channels, so as not to believe rumors, spread rumors, and avoid breaking the law. Let’s understand what illegal acts it is to spread rumors about the epidemic. How to punish the rumor epidemic? How to report rumors during the epidemic?

What is illegal to spread rumors about the epidemic?

Making up and spreading rumors is "spreading rumors" in the Administrative Punishment Law and "making up and deliberately spreading false information" in the Criminal Law.

　　Spreading rumors, fabricating and spreading false epidemic situations may lead to administrative violations or suspected criminal offences depending on the circumstances and results.If the perpetratorThrough WeChat and Weibo, it is claimed that there are false information such as confirmed cases in Covid-19 or how many people have died in a certain place due to Covid-19, so as to spread rumors, falsely report the epidemic situation and deliberately disturb public order. Its behavior violates the first item of the first paragraph of Article 25 of the People’s Republic of China (PRC) Public Security Administration Punishment Law. The public security organ may detain the perpetrator for more than 5 days and less than 10 years, and may also impose a fine of less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan.

　　If the circumstances are serious, which seriously disturbs social order and constitutes a crime, his behavior violates the provisions of the second paragraph of Article 291-1 of China’s Criminal Law, and the public security organ will investigate his criminal responsibility for fabricating and intentionally spreading false information.

　　Spreading rumors about the epidemic situation can be suspected of many crimes. According to the Criminal Law of People’s Republic of China (PRC), relevant judicial interpretations and the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Justice on Punishing Illegal Crimes that Hinder the Prevention and Control of Pneumonia in novel coronavirus, spreading rumors and rumors may constitute crimes such as fabricating and deliberately spreading false information, inciting secession, inciting subversion of state power, provoking troubles, and refusing to perform the obligation of information network security management. Among them, those who make use of the pneumonia epidemic in novel coronavirus to create and spread rumors, incite secession, undermine national unity, or incite subversion of state power and overthrow the socialist system are convicted and punished for the crime of inciting secession or subversion of state power, with the maximum term of imprisonment up to 15 years.

How to punish the rumor epidemic?

On February 6, 2020, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice issued the Opinions on Punishing Illegal Crimes that Hinder the Prevention and Control of Pneumonia Infection in novel coronavirus, in which Article 2 (6) made special provisions on spreading rumors and rumors during the prevention and control of the epidemic, and severely punished the crime of spreading rumors and rumors according to law. According to the provisions of the Opinions and the relevant provisions of the Criminal Law of People’s Republic of China (PRC), the author lists the related crimes as follows:

　　(1) The crime of fabricating and intentionally spreading false information. Fabricating false epidemic information and spreading it on information networks or other media, or knowingly spreading it on information networks or other media, which seriously disrupts social order;

　　(2) the crime of stirring up trouble. Fabricating false information, or knowingly spreading false information on the information network, or organizing or instructing personnel to spread it on the information network, causing serious public disorder;

　　(3) the crime of inciting secession or inciting subversion of state power. Making use of the pneumonia epidemic in novel coronavirus to create and spread rumors, inciting secession, undermining national unity, or inciting subversion of state power and overthrowing the socialist system;

　　(4) The crime of refusing to perform the obligation of information network security management. The network service provider fails to fulfill the obligation of information network security management stipulated by laws and administrative regulations, and refuses to correct it after being ordered by the regulatory authorities to take corrective measures, resulting in the massive spread of false epidemic information or other illegal information.

　　Cases of false epidemic information should be handled according to law, accurately and properly. Those who maliciously fabricate false epidemic information, create social panic, stir up social emotions and disrupt public order, especially those who maliciously attack the party and the government and take the opportunity to incite subversion of state power and overthrow the socialist system, should be severely punished according to law. Those who spread false information because of credulity and have little harm shall not be punished as crimes.

How to report rumors during the epidemic?

1. During the epidemic, rumors can be complained to the local police station or relevant government departments, or through the hotline published on the website of the local government. For details, please refer to the official website of the local government.

2. Through the channel of reporting epidemic rumors through WeChat, open the WeChat search for [Collect clues about epidemic prevention and control], and you can see the service sponsored by the General Office of the State Council to collect clues and suggestions on epidemic prevention and control for the society, or you can click [Payment]-[City Service]-[Epidemic Area]-[Collect clues about epidemic prevention and control].