Discussion on the concept of network rumors under legal regulation

The proliferation of online rumors needs to be regulated, but before regulation, it is necessary for us to clarify the meaning of online rumors, which will help us to clarify individual crimes and more clearly divide and improve the accusation system. In the era of information network, network rumors contain false information, but they cannot be equated with false information; The spread of rumors can be used as a means of slander, but it cannot be equated with the crime of libel itself.

The phenomenon of rampant network rumors has aroused widespread concern and discussion in the judicial and academic circles. Strengthening the control of online speech and perfecting relevant legislation have become the hot spots at present. In the construction and induction of many accusation systems, many people regard the involvement of information network in traditional accusations as network rumor-making behavior. For example, when discussing and studying the accusation system of network rumor regulation, online libel, insult and other behaviors are also included, and some people directly equate the crime of fabricating and spreading false information with the crime of network rumor. This will lead to the trend that the network rumor accusation system will evolve into a new type of "pocket crime" under the current situation that information network has become an inseparable part of citizens’ lives. In fact, the concept of "rumor" itself is not really unified in the domestic context, and even "network rumor" can only summarize some characteristics. Therefore, clarifying its concept in the legal sense plays a very important role in clarifying the system of charges.

The understanding of "rumors" abroad is relatively unified, that is, rumors are essentially information with "doubtful facts". In Webster’s English Dictionary, "rumor" is defined as a kind of gossip, rumor or public opinion that lacks real basis or is unconfirmed, and it is difficult for the public to distinguish authenticity for a while. Foreign scholars believe that rumors are unsubstantiated and unconfirmed information, that is, "the facts are in doubt". As far as the current research situation of sociology and communication in China is concerned, there are roughly three views on the definition of online rumors:

First, the media said. That is to say, it is believed that online rumors are rumors spread on the Internet. Using "rumor" to explain "network rumor" is only that the information network has intervened in the spread mode of rumors, and the expression form has changed, and there is no essential difference. For example, "a rumor is defined as news that has no factual basis. Internet rumors, as the name implies, are rumors generated or spread through the computer internet. "

Second, the theory of law and politics. Taking the field of political research as the breakthrough point, researchers of related majors explain the "rumors". Explaining "network rumors" from the professional perspective of law and politics enriches the concept of rumors. This kind of identification does not emphasize the essential difference between rumors and online rumors, but endows rumors and online rumors with characteristics in the professional field, which has certain reference function in the professional field.

Third, comprehensively. This explanation method focuses on "network" and "rumor" at the same time, which can make the concept more comprehensive and complete, not only emphasizes the influence of information network media on rumors, but also affirms the essence of rumors as a social phenomenon.

It is generally believed that "network rumors" are just as false network information as a scourge. We seem to think that "rumor" itself is derogatory and holds a negative attitude, but we often ignore the other side of rumors: although some online rumors were questioned at the beginning, the facts and results that happened later confirmed that online rumors were not false, but indeed true. Then, in the conventional view, most of them ignore the authenticity components contained in the information conveyed by online rumors, and the final verification results of online rumors are often ignored. Then, we can’t simply define network rumors as false network information, because the authenticity of network rumors is uncertain in the final state: it may be true or false. Based on the above definitions of rumors, this paper holds that the so-called "network rumors" are unconfirmed statements or interpretations of things, events or problems that are of interest to the public spread by information network media. In view of the fact that some "rumors" that are finally proved to be true have not caused serious harm in practice, and they have no serious social harm in essence, which is essentially different from false information.

Article 105 of the Criminal Law also recognizes that "spreading rumors" and "slandering" may both be crimes of subversion of state power and incitement to subversion of state power. Article 246 of the Criminal Law defines the crimes of "insult" and "libel". "Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. "

In Article 105 of the Criminal Law, the juxtaposition of "rumor" and "slander" shows that they are similar in behavior and can be converted to each other under certain circumstances. But "spreading rumors" and "slandering" can be clearly distinguished:

First of all, from the perspective of criminal objects, the objects infringed by network rumors are social management order and national security. The object of libel is the personal dignity and reputation of others.

Secondly, from the point of view of the criminal object, the object of network rumor is the country and society, but the criminal object of libel is the natural person.

Finally, from the procedural point of view, public prosecution is generally applicable to online rumors, while private prosecution is applicable to libel crimes, and public prosecution is applicable in specific circumstances.

Network rumors and network slander may also be transformed into each other. When the object of slander is the state power and socialist system, "slander" can be transformed into "rumor". At the same time, when fabricating facts on the information network to slander others and seriously endangering the social management order and national security, slander is applicable to public prosecution. At this time, online slander is equivalent to online rumor to a certain extent. Therefore, the condition for equating "libel" with "spreading rumors" is that when libel seriously endangers social management order and national security. The crime of libel targets at the personal dignity and reputation of natural persons. If libel infringes on a natural person who can represent the national image, or infringes on the reputation of a natural person, it actually infringes on the state power, socialist system or affects social order and national interests, libel is equivalent to spreading rumors. (He Xinglin, Central South University Law School)