16

Don’t curse, spread rumors, or share unverified content online; if you’re a victim of online abuse, document evidence first then report it to police

UpdatedGrade ABig benefitFreedomFreeLittle timeSome willpower

Publicly cursing, spreading rumors or defaming others can result in detention for up to 5 days or a fine of up to 1000 yuan; for more serious cases, detention ranges from 5 to 10 days. If the circumstances are especially grave, it constitutes the crimes of insult or defamation, punishable by up to 3 years in prison. Simply sharing such content also makes you liable. Conversely, if you’re a victim of online abuse, you generally have to file a lawsuit in court yourself to pursue legal action for insult or defamation, so you must rely on yourself to take screenshots, record video and save links.

Cost
No cost at all. Just take ten extra seconds to think before posting. When attacked, take screenshots, record video, save links and account IDs, file a complaint with the platform first, then report it to police. The hardest part is resisting the urge to fire back when being cursed at.
Benefit
Those who openly insult others or fabricate facts to defame them face detention for up to 5 days or a fine of up to 1000 yuan; for more serious cases, detention ranges from 5 to 10 days. The same penalties apply to people who repeatedly send insulting or threatening messages, harass or stalk others, or secretly photograph and distribute someone’s private information. Anyone who deliberately spreads rumors and disrupts public order also faces detention from 5 to 10 days. In severe cases, such actions constitute the crimes of insult or defamation, punishable by up to 3 years in prison. For online defamation cases where victims struggle to gather evidence, they can request the court to ask police for assistance (this rule is effective as of 1 January 2026 under the Public Security Administration Punishment Law).
Notes
In principle, the crimes of insult and defamation are “only prosecuted upon complaint”, meaning victims must file a lawsuit in court themselves. Police generally do not initiate investigations proactively, so evidence collection falls entirely on the victims. However, two important exceptions exist. First, cases that “seriously endanger public order and national interests” can be investigated by police directly (Article 246, Paragraph 2 of the Criminal Law). Second, if a victim has genuine difficulty gathering evidence for online defamation, the court may order police to assist with the investigation (the same article, Paragraph 3, added under the 9th Amendment to the Criminal Law). Sharing such content also makes you legally liable; knowingly spreading false information also counts as “fabricating facts”. For guidance on how to respond after being a victim of online abuse, see Section 37 of this chapter (“Document evidence first then take action after suffering online abuse”). The article numbers for insult and defamation have been updated from Article 42 under the old law to Article 50 under the new law.
Sources · 4
  1. 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第二十九、五十条). spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
  2. 全国人大 (1997). 刑法(第二百四十六条). spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
  3. 全国人大常委会 (2015). 刑法修正案(九)(第十六条,增加刑法第二百四十六条第三款). spp.gov.cn/spp/fl/201802/t20180205_364562.shtml
  4. 全国人大常委会 (2015). 刑法修正案(九)(第二百四十六条新增第三款). 国家信访局转载全文 gjxfj.gov.cn/gjxfj/fgwj/flfg/webinfo/2017/03/…

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