A New Review of the Criminal Law Regulation of Online Defamation

Abstract

The application of Internet technology has changed the paradigm of defamation behavior. The determination of defamation act should adopt the single act theory, that is, "dissemination" should be the core element, and whether there is a "fabrication" act should not be the decisive determining factor of conviction. The essence of false information in the crime of defamation is its inconsistency with the facts, and its misleading nature makes false information work. And the possibility of infringement on the legal interests of the false information is the basis of punishment. The regulation of defamation acts should balance the relationship between the protection of reputation rights and freedom of expression, and the judgment of defamation acts against public figures should adhere to the principle of actual malice. The special identity attributes of public figures should be taken into account, and relatively loose standards should be adopted for the protection of their reputation rights. At the same time, insufficient protection of the reputation rights of public figures should be avoided. To determine the "serious circumstances" of online defamation, we should adopt the "accumulation to crime" approach, which can effectively solve the problem of using information networks to carry out a large number of low-hazardous behaviors, and the single act is not enough to constitute a crime, while the cumulative consequences or dangers reach the standard for conviction.