Cases of fake news, legal liability for fake news

When Wenchuan **, there was a reporter who hid in the hotel because he was lazy and sent false reports and false information.

There was an argument between the Guangzhou traffic police and the car owner, and the car owner shouted that the police had beaten people, but in fact, the car owner was at fault.

For example, on September 11, 2008, "****" published a news entitled "China Merchants Bank Invests in Wing Lung Floating Loss of 10 Billion Hong Kong Dollars", because the reporter of the newspaper collected the stock price data of Hong Kong Wing Lung Bank incorrectly, and came to the wrong conclusion that China Merchants Bank lost more than 10 billion Hong Kong dollars, resulting in serious inaccuracies in the report. The report became one of the inducements for the stock price of China Merchants Bank on the same day, and drove the bank stock sector as a whole, and the circulating market value of China Merchants Bank's A shares lost 100 million yuan on the same day, and H shares**.

At the beginning of the year, there were widespread rumors on the Internet about how the Chinese Navy's escort fleet in the Gulf of Aden surrounded the unknown submarine and forced it to escape. Later, the military confirmed that the incident had never happened, and a fire story was immediately sentenced to death. After a check, it turned out to be a news feature adapted by a certain *** reporter based on a documentary literary work of a military exercise, and provided it to a certain morning newspaper as a paid manuscript.

The morning newspaper went online, and the whole world knew it, and I was cheering on the Internet, but a certain country in South Asia took advantage of this to insult our military prestige. The "clever hand" of a few unscrupulous reporters has made a big joke for hundreds of millions of netizens.

During the same period, there were also fake news such as "Liuyang ** set off 500,000 firecrackers" and "Shanghai ** issued housing subsidies for civil servants", which caused the majority of netizens to flock to the post, and public opinion was greatly fermented, and the result was miserably killed by the fake news makers again and again.

There is also the program "Paper Stuffed Buns" broadcast on July 8, 2007 on Beijing TV's "Transparency" column. This kind of fake news has no factual basis, cannot withstand actual verification, and its methods of producing fake news are extremely despicable.

A contract, also known as a contract or agreement, is an agreement between equal parties to establish, modify, or terminate the relationship of civil rights and obligations. As a civil legal act, a contract is the product of the consensus of the parties, and it is an agreement on the consistency of two or more expressions of intent. Once the contract is concluded, it has legal effect, and the relationship of rights and obligations occurs between the two parties; or alter or extinguish the original civil legal relationship.

If one or both parties fail to perform their obligations under the contract, they shall be liable for breach of contract in accordance with the contract or the law. In the process of concluding a contract, if one of the parties conducts negotiations in bad faith under the pretext of concluding the contract, or deliberately conceals important facts related to the conclusion of the contract or provides false information, or has other acts that violate the principle of good faith and causes losses to the other party, it shall be liable for damages; If the parties sign a fake contract that will harm the interests of the state, the collective or others, then the contract is invalid, and the property obtained shall be returned to the state or returned to the collective or a third party, and if it is suspected of constituting a crime, it shall also bear criminal liability. Legal basis:

Article 42 of the Contract Law of the People's Republic of China provides that if a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for damages: (1) maliciously conducting negotiations under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

Legal Analysis: Arbitrarily disseminating fake news on the Internet, if the circumstances are serious such as fabricating and disseminating false terrorist information, and disturbing the social order, it is suspected of fabricating or intentionally disseminating false terrorist information. Whoever disseminates false, toxic, radioactive, infectious disease pathogens, or other such substances, or fabricates terrorist information such as threats, biochemical threats, or radiological threats, or knowingly disseminates terrorist information knowing that it is fabricated, seriously disrupting social order, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Legal basis:Article 291 of the Criminal Law of the People's Republic of China: Where a crowd is gathered to disrupt order at stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports grounds, or other public places, or to assemble a crowd to block traffic or disrupt traffic order, or to resist or obstruct state public security administration personnel from lawfully performing their duties, and the circumstances are serious, the ringleaders are to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Article 291-1 Whoever dissemins false, toxic, radioactive, infectious disease pathogens, or other such substances, or fabricates terrorist information such as ** threats, biochemical threats, or radiological threats, or knowingly disseminates terrorist information that is fabricated, seriously disrupting social order, is sentenced to up to five years imprisonment, short-term detention, or controlled release; where serious consequences are caused, a sentence of five or more years imprisonment is to be given. Whoever fabricates false information about dangers, epidemics, disasters, or police information, and disseminates it on information networks or other information, or knowingly disseminates false information on information networks or other information that is clearly known to be the above, seriously disrupting social order, is to be sentenced to up to three years imprisonment, short-term detention, or controlled release; and where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.

Article 291-2 Where objects are thrown from buildings or other heights, and the circumstances are serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.