The Identification Of Libel On The Internet

Libel on the Internet, refers those behaviors which via e-mail, BBS (bulletin board system), instant messaging, blog and other modern means of information network dissemination, fabricating and spreading false facts, to damage the reputation or personality of others."Libel on the Internet" is not a true legal concept. For serious Internet defamation, it will be held criminally responsibility based on the Article246of Criminal law for Libel. However, in recent years, with the development of network, defamatory cases based on social networks, forums and other modern information network dissemination continue to increase, leading to the damage to others’reputation. The traditional Libel can not better regulatory internet libel. Currently, our latest promulgated judicial interpretation of internet libel further refined the identified standards on incrimination conditions and prosecution standards of internet libel. However, there still have defects of the law. Simultaneously, public authorities have been criticized because of the imperfect legislation and inaccurate understanding of the law. Further clarifying the extension and intension of the related concepts in the standard of "Identification of Libel on Internet" become a priority.Combined with the latest judicial interpretation of the network libel, Firstly, I expound key issues of cases that libel on networks in judicial practice, then clear the standard of crime elements, the prosecution standards. Trying to elaborate and analyze the related concepts and fuzzy points. By explicating the standards of "Crime or not" and "public prosecution and private prosecution", the purpose is to resolve the related issues on the identifying of "Defamation of Libel on Internet". Because network defamation violate others’reputation, it is difficult to calculate of losses. Meanwhile, the latest judicial interpretation has no further explanation of the relevant concepts. It is difficult to guide judicial practice. I can only roughly introduce the related concept’s connotation and denotation. Coupled with the characteristics of cybercrime, Network defamation’s forensics are harder than other crimes. I can only interpret as much detail as the latest judicial interpretation to reduce the misunderstanding of the provisions of the law in the enforcement process and protect the legitimate rights and interests of citizen.