China’s Judicial Authorities Unveil Preliminary Plan To Address Online Harassment

China’s Supreme People’s Court, Supreme People’s Procuratorate, and Ministry of Public Security have recently unveiled a preliminary plan aimed at combating cyber abuse.

The draft proposal, titled “Guiding Opinions on Lawfully Punishing Cyber Violence and Crimes,” has been released for public consultation.

It outlines guidelines for convicting and penalizing individuals engaged in “online violence” based on Chinese Criminal Law. Additionally, the proposal suggests ways to enhance comprehensive governance measures for handling cases related to online violence.

The document emphasizes the need for a thorough investigation and lawful prosecution of cyber violence offenses, with particular attention given to targeting instigators, organizers, and repeat offenders. China’s draft proposal highlights the following categories of cyber violence that will be subject to enhanced penalties:

1. Targeted abuse directed at minors and individuals with disabilities.
2. Cyber abuse orchestrated by coordinated groups, commonly referred to as “water armies” and “thugs.”
3. Fabrications of a sexual nature that impinge upon the personal dignity of others.
4. Unauthorized dissemination of illegal or false information using “deep synthesis” technology, which violates public policy principles and ethical standards.
5. Abuse is instigated and organized by network service providers.

The draft judicial document aims to address online violence and crimes, with the primary objectives of protecting the legitimate rights and interests of citizens and maintaining social security and order in the digital realm. It is a response to the increasing prevalence of online violence in today’s internet-driven era.

The issue of strengthening legislation regarding online violence was raised by several representatives during the 2023 National People’s Congress. Additionally, this year’s work report from the Supreme People’s Procuratorate emphasized the need for strict punishment for cyber violence. Over the period from 2018 to 2022, approximately 14,000 individuals in China faced criminal prosecution for offenses such as online insults, defamation, and unauthorized use of citizens’ personal information.

According to data from the 2019 Social Bluebook, online violence has affected a significant portion of the Chinese population. The report reveals that one in three Chinese adults has experienced online violence, while half of all minors have been subjected to such abuse. The report also highlights the trend of younger age groups accessing the internet, with 10 percent of teenagers starting internet usage at the age of 15 or below. Disturbingly, the survey conducted for the report indicates that 28.89 percent of teenagers have encountered violent and abusive content online. Another survey shows that 60 percent of respondents have personally experienced online violence.

To address the issue of cyber violence, China has implemented various judicial provisions within its legal framework, including the Civil Code, Criminal Law, Public Security Administration Punishment Law, Law on the Protection of Heroes and Martyrs, and Measures for the Administration of Internet Information Services. These provisions form a comprehensive and multi-level system to combat online violence.

In November 2022, the Cyberspace Administration of China issued a notice emphasizing the effective strengthening of online violence governance and proposing targeted measures to address this problem.

During a press conference held in March of this year, Li Changxi, the director of the Internet Rule of Law Bureau at the Cyberspace Administration of China, revealed that various websites had intercepted and deleted approximately 28.75 million instances of internet violence-related content since November 2022. In response to this issue, the government has encouraged netizens to engage in civil online discussions through 1.65 million posts, sent reminders for one-click protection to 28,000 users, and imposed severe punishments on 22,000 offenders.

On March 2, 2023, the 51st Statistical Report on the Development of China’s Internet was published by the China Internet Network Information Center (CNNIC). The report indicated that the number of internet users in China had reached 1.067 billion by December 2022, with approximately 75.6 percent of the Chinese population being active internet users.