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
Publicly insulting others or spreading rumors and defamation results in detention of up to 5 days or a fine of up to 1,000 yuan; more serious circumstances result in 5 to 10 days of detention. Serious cases constitute the crimes of insult or defamation, punishable by up to 3 years. Conversely, when you are a victim of cyberbullying, insults and defamation must, in principle, be pursued by you filing a lawsuit in court yourself, so you must rely on yourself to take screenshots, screen recordings, and save links.
No cost at all. Just take ten extra seconds to think befor…
Publicly insulting others, or fabricating facts to defame others, shall result in detention of up to 5 days, o…
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.
Publicly insulting others, or fabricating facts to defame others, shall result in detention of up to 5 days, or a fine of up to 1,000 yuan. For more serious circumstances, detention shall be 5 to 10 days. Repeatedly sending insulting or intimidating messages, harassing, pestering, or stalking, or secretly filming and spreading others' privacy, shall be punished in the same manner. Intentionally spreading rumors and disrupting public order shall result in 5 to 10 days of detention. In serious cases, if the crime of insult or defamation is constituted, a sentence of up to 3 years shall be imposed. For those facing difficulty in collecting evidence after being defamed online, one may request the court to ask the public security organs for assistance (Nationwide, the Law on Penalties for Administration of Public Security shall come into force on January 1, 2026).
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）. https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml；全国人大 (1997). 刑法（第二百四十六条）. https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml；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）. https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml；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 https://www.gjxfj.gov.cn/gjxfj/fgwj/flfg/webinfo/2017/03/1601761496614423.htm；最高人民法院、最高人民检察院 (2013). 关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释（法释〔2013〕21 号，第一条）. https://www.spp.gov.cn/spp/zdgz/201309/t20130910_62417.shtml
Open source linkIn principle, the two crimes of insult and defamation are "handled only upon complaint," meaning you must sue in court yourself. The public security organs generally do not initiate cases proactively; you must rely on yourself to gather evidence. However, there are two exceptions. First, "except for those that seriously endanger social order and national interests," in which case the public security organs can handle it directly (Article 246, Paragraph 2 of the Criminal Law). Second, if you are defamed online and face actual difficulty in collecting evidence yourself, the court can request the public security organs to assist in the investigation (Paragraph 3 of the same article, added by the Ninth Amendment to the Criminal Law). Forwarding such content still incurs liability. The 2013 judicial interpretation by the Supreme People's Court and Supreme People's Procuratorate on online defamation specifies: if one knows a matter is fabricated and damages another's reputation, yet still posts it online, and the circumstances are malicious, it shall be treated as "fabricating facts to defame others." Regarding how to handle being a victim of cyberbullying, see item 37 of this section (preserve evidence first, then choose your path after cyberbullying). The article number for insult and defamation has changed from Article 42 of the old law to Article 50 of the new law.