Don't curse, spread rumors or forward unchecked claims online; if you are cyberbullied, keep evidence first, then call the police
- High value
- Evidence A
- Keeps you free
- Free
- Takes minutes
- Some willpower
In plain words
Publicly cursing someone or spreading defamatory rumors brings detention of up to 5 days (拘留), or a fine of up to 1,000 CNY, and detention of 5 to 10 days in more serious cases. In serious cases it is the crime of insult (侮辱罪) or defamation (诽谤罪), with a sentence of up to 3 years. Forwarding does not excuse you. The other way around, when you are the one being cyberbullied, insult and defamation in principle require you to sue in court yourself, so screenshots, screen recordings and saved links are on you.
- Cost
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Free. Think ten seconds before you post. When you are attacked, take screenshots and screen recordings, save the links and account IDs, complain to the platform first, then call the police. The hard part is not cursing back when you are being cursed at.
- What you get
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Publicly insulting another person, or making up facts to defame them, brings detention of up to 5 days (拘留) or a fine of up to 1,000 CNY; in more serious cases, detention of 5 to 10 days. Repeatedly sending insulting or threatening messages, harassing and stalking, and secretly photographing and spreading someone's private matters are punished the same way. Deliberately spreading rumors that disturb public order brings detention of 5 to 10 days. In serious cases it becomes the crime of insult (侮辱罪) or defamation (诽谤罪), with a sentence of up to 3 years. For defamation over the internet, if the victim has difficulty collecting evidence, they can ask the court to require the public security organs to assist (China; Public Security Administration Punishments Law (治安管理处罚法) in effect since January 1, 2026)
- Notes
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The crimes of insult and defamation are in principle "handled only if the victim sues" (告诉的才处理), which means you have to sue in court yourself. The police generally do not open a case on their own, and you have to build the evidence yourself. There are two exceptions. One is "unless it seriously endangers social order and national interests," in which case the police can handle it directly (Criminal Law (刑法) Article 246, paragraph 2). The other is when someone is defamed online and truly has difficulty collecting evidence, in which case the court can ask the police to help investigate (paragraph 3 of the same article, added by Criminal Law Amendment (IX) (刑法修正案九)). Forwarding still makes you liable, and passing something along while knowing it is false also counts as "making up facts." For what to do after you are cyberbullied, see §8.37 (when you are cyberbullied, preserve evidence first, then pick a route). The article number for insult and defamation changed from old Article 42 to new Article 50.
- Evidence grade
- A : Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
- Sources
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- 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
Mentioned in
- If you are cyberbullied: turn on protections and preserve evidence first, then choose among the platform, an injunction and the police
- Record phone calls and in-person talks that might turn sour: for a conversation you take part in yourself, you don't need the other side's consent first
- If an older person falls or someone collapses, crouch down, call to them and call 120 (China's ambulance number); don't rush to pull them up. Walking away from a stranger is also legal in China, but if you stop, don't move them
Translated from the Chinese original. Original book, section 8, tip 16. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer