Judicial Cognizance of Other Serious Cases of Defamation Crime in Cybercrime

DOI

10.2991/978-2-494069-31-2_339How to use a DOI?

Keywords

Cybercrime; Defamation; serious circumstances

Abstract

With the continuous development of modern network technology, the Internet has changed people's way of life. However, with the continuous expansion of the use of the Internet, while enjoying the efficient life brought by the Internet, people have gradually increased their behaviors of infringing others' rights and endangering others' interests through the Internet. Online defamation is a very important part of it. As a kind of crime to protect people's right of reputation, the crime of libel not only stipulates the conventional situation, but also determines the aggravated legal punishment for the “serious circumstances” that infringe people's right of reputation and have serious consequences. Among them, the first three paragraphs are relatively clear provisions. Therefore, the focus of this paper is to study the nature and constitution of the crime of libel, mainly using the analysis method of researching “other serious circumstances” in the case study. Th Through the study of judicial practice, the author concluded that “serious social influence and simultaneous defamation of many people” can affect the scope of sentencing. Meanwhile, long-term defamation of others or seriously affecting the reputation of others can also become an important principle of judgment.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Wei Song
PY  - 2022
DA  - 2022/12/29
TI  - Judicial Cognizance of Other Serious Cases of Defamation Crime in Cybercrime
BT  - Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)
PB  - Atlantis Press
SP  - 2883
EP  - 2891
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-31-2_339
DO  - 10.2991/978-2-494069-31-2_339
ID  - Song2022
ER  -