On 28 January 2020, the Supreme Court of the PRC published an article on its official Weibo account with regards to handling rumors about the coronavirus and new type of pneumonia. The article mentioned 8 people punished by the Wuhan PSB because they claimed “confirmed 7 cases of SARS in South China fruit & seafood market”.
The Supreme Court’s article stated: “Although the new type of pneumonia is not SARS, however the information they released is not completely fabricated. It may have been a blessing if the public had listened to the “rumor” and had acted accordingly on the basis of an alleged SARS panic. Therefore, when dealing with rumors, law enforcement agencies should fully consider if the publisher of such information or the person who disseminates such information is subjectively malicious, and has the capability to cognize things. As long as the information is basically true, the publisher and the person disseminating such information is not subjectively malicious, and no serious harm is caused in the end, therefore we should maintain a tolerant attitude towards such “false information.”
At the same time, the article analyzes what kind of rumors must be cracked down upon. It says, the following types of information should be the object of severe crackdowns and can be subject to administrative punishment. Furthermore, they shall constitute a crime of instigating quarrels and provoking troubles in case of serious consequences.
1. Rumors related to the situation of the epidemic, resulting in chaos
For example, fabricating information about the outbreak in a place where there is no outbreak which consequently results in social disorder or chaos. However, if there is no subjective malice, rumors are only spread on a smaller scale, the consequences of social disorder is relatively limited, the main method to deal with the person spreading such rumors should be criticizing and education, supplemented by administrative punishment. Criminal punishment should not be considered unless under extreme situations.
2. Rumors related to the defamation of the state’s control of the epidemic resulting in social order chaos
The professionals concerned can make their own suggestions and even well-intentioned criticisms. However, wanton fabrication of the state’s control of the epidemic and other information, or spread of rumors while knowing that this is false information, should be seriously dealt with according to the law, or should be prosecuted under criminal law if necessary.
3. Rumors involving fabricating information about medical institutions treatment being “out-of-control” , which caused chaos in society
In view of the outbreak prevention and control has been upgraded to national action, the treatment or disposal of the epidemic should be absolutely based on the state’s authoritative information channels. Any act of fabricating the above-mentioned false information and disseminating it will easily cause great panic among the public, such fabrication is subjectively malicious and will harm society gravely. Therefore, it should be resolutely dealt with in accordance with the law.
4. Other rumors that tend to cause disorder
Indiscriminate fabrication of facts, such as exaggerating the death toll of victims, exaggerating the death rate of the disease, fabricating negative information such as so-called doctor “self-narratives” etc. This is not intended to provide goodwill and might rather cause easily a serious public panic. Therefore, such fabrications should be severely punished according to the law.
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The Supreme People’s Court of The People’s Republic of China
