Discussion On The Criminal Law’s Regulation Deficiency Of Internet False Reporting

False reporting means that the news media or fake news media spread false and false news information through the form of news reports.It has the characteristics of openness,universality and timeliness of news reports.Compared with traditional ordinary rumors,it is easier to be relied on and trusted by the public.Therefore,it contains higher risks and may damage the public opinion environment and the credibility of the media.With the development of the Internet and the continuous promotion of media integration,the rapid expansion of the Internet information platform,the continuous emergence of information content creators,and has led to the emergence of a large number of Internet false reports.There are many kinds of Internet false reports,which may touch many charges in China’s criminal law.At present,China’s criminal law has some deficiencies in regulating crimes related to online false reporting.First of all,the crime of fabricating,deliberately disseminating false information,the crime of fabricating,deliberately disseminating false terrorist information and the crime of provoking and causing trouble are similar in the aspects of criminal composition,legal interest damage results and the elements of criminal acts,which may easily lead to confusion in application.Secondly,the identification of the conditions for the establishment of the crime and the conditions for the punishment of false reporting on the Internet is not perfect enough.Finally,some false reporting behaviors are eligible for punishment or subject to fines,and the lack of qualification penalty and fine penalty in the penalty allocation may be a defect in the regulatory capacity of the charges related to the false reports on the Internet.It is necessary for China’s criminal law to accurately and effectively prevent and crack down on the false news reports generated in the current rapid development of media integration while protecting the freedom of expression of the network media.The crime of provocation and disturbance may not be suitable as a charge to regulate the acts of false reporting on the Internet.It is suggested to remove the provisions of the current judicial interpretation that regulate the acts of false reporting on the Internet with the crime of provocation and disturbance;The crime of fabricating and intentionally spreading false information and the crime of fabricating and intentionally spreading false terrorist information stipulated in Article 291 of the Criminal Law are relatively repetitive in terms of expression,and can be considered to be integrated into one crime to solve the confusion in the application of the current charges related to false reporting.At present,the scope of "public order" is not defined in the criminal law.It is suggested to clarify the situation of "disturbing public order" through judicial interpretation.Considering the existence of news units and information service units,it is suggested to add the main provisions of unit crime in some crimes.It is suggested that the two criminal cases of deliberately fabricating and disseminating false information,misleading the official media and professional journalists with press cards to conduct false reports should be taken as the reference conditions for heavier punishment.In addition,punishing the criminal act of false reporting on the Internet by adding fine penalty and qualification penalty can better reflect the principle of modesty of criminal law and the principle of suiting criminal responsibility and punishment to a certain extent,and ensure that social legal interests and the rights and interests of the parties are more fully protected.