The Crime of Insult in Cyberspace: A Discussion on the Identification of the “Aggravating Circumstances”
Abstract
With the advancement of Internet technology, instances of insults or defamatory acts in cyberspace have become increasingly prevalent. The social harm arising from these acts surpasses that of traditional insults and defamation. However, China’s legal system lacks a unified standard for evaluating such acts committed through the Internet particularly when determining the criteria for “aggravating circumstances”. By analyzing the distinctive features insulting crimes in both physical and virtual spaces, it becomes apparent that there is a lack of a clear definition for “aggravating circumstances” specifically pertaining to insults in cyberspace. Furthermore, there is a delay in recognizing their consequences. To address this issue, judicial adjudicators should first refer to the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law to the Handling of Criminal Cases Involving the Use of Information Networks for the Purpose of Committing Slander and Other Criminal Cases (the Interpretation on Internet Slander) in order to establish a standard for determining “aggravating circumstances” in cases of online insults. Second, the severity of the circumstances should be determined by considering relevant factors based on the harm inflicted upon others by cyber insults. Lastly, considering the unique characteristics of insults in cyberspace, additional factors to be considered when adjudicating such cases should be proposed.
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