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

16. 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

Cost: 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.

In plain terms: Publicly cursing, spreading rumors or defaming others can result in detention for up to 5 days or a fine of up to 1000 yuan; for more serious cases, detention ranges from 5 to 10 days. If the circumstances are especially grave, it constitutes the crimes of insult or defamation, punishable by up to 3 years in prison. Simply sharing such content also makes you liable. Conversely, if you’re a victim of online abuse, you generally have to file a lawsuit in court yourself to pursue legal action for insult or defamation, so you must rely on yourself to take screenshots, record video and save links.

Benefit: Those who openly insult others or fabricate facts to defame them face detention for up to 5 days or a fine of up to 1000 yuan; for more serious cases, detention ranges from 5 to 10 days. The same penalties apply to people who repeatedly send insulting or threatening messages, harass or stalk others, or secretly photograph and distribute someone’s private information. Anyone who deliberately spreads rumors and disrupts public order also faces detention from 5 to 10 days. In severe cases, such actions constitute the crimes of insult or defamation, punishable by up to 3 years in prison. For online defamation cases where victims struggle to gather evidence, they can request the court to ask police for assistance (this rule is effective as of 1 January 2026 under the Public Security Administration Punishment Law).

Evidence grade: A

Sources: Standing Committee of the National People's Congress (2025). Public Security Administration Punishment Law (revised in 2025, Articles 29, 50). <https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml>; National People's Congress (1997). Criminal Law (Article 246). <https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml>; Standing Committee of the National People's Congress (2015). Criminal Law Amendment (9) (Article 16, adding the third paragraph of Article 246 of the Criminal Law). <https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml>; Standing Committee of the National People's Congress (2015). Criminal Law Amendment (9) (Added third paragraph to Article 246). Full text reproduced by the National Bureau of Letters and Calls <https://www.gjxfj.gov.cn/gjxfj/fgwj/flfg/webinfo/2017/03/1601761496614423.htm>

Notes: In principle, the crimes of insult and defamation are “only prosecuted upon complaint”, meaning victims must file a lawsuit in court themselves. Police generally do not initiate investigations proactively, so evidence collection falls entirely on the victims. However, two important exceptions exist. First, cases that “seriously endanger public order and national interests” can be investigated by police directly (Article 246, Paragraph 2 of the Criminal Law). Second, if a victim has genuine difficulty gathering evidence for online defamation, the court may order police to assist with the investigation (the same article, Paragraph 3, added under the 9th Amendment to the Criminal Law). Sharing such content also makes you legally liable; knowingly spreading false information also counts as “fabricating facts”. For guidance on how to respond after being a victim of online abuse, see Section 37 of this chapter (“Document evidence first then take action after suffering online abuse”). The article numbers for insult and defamation have been updated from Article 42 under the old law to Article 50 under the new law.