China has recently introduced a draft guideline aimed at combating cyberbullying, seeking public opinion and feedback. The legal document, jointly formulated by the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security, has been made available online for review.
To gather input on the draft, the Supreme People’s Court has provided its postal and email addresses on its website, inviting individuals and organizations to share their ideas and suggestions. The deadline for collecting opinions is set for June 25.
Cyberbullying has become a global concern, frequently making headlines in recent years. Incidents of online misconduct have resulted in tragic consequences, capturing significant public attention and prompting various stakeholders, including cyberspace agencies and legal professionals, to take action to address this issue.
An unfortunate incident in Wuhan, Hubei province, last week further highlighted the seriousness of cyberbullying. A mother took her own life after her primary school-aged son was fatally struck by a car. Prior to her death, she had shared a video clip online where she spoke about her son’s death on the school campus. Some viewers left derogatory comments about her appearance, criticizing her for focusing on makeup despite grieving. While it is not suggested that these comments were the primary cause of the woman’s death, they ignited public outrage regarding cyberbullying.
Another case that garnered widespread attention was the death of Zheng Linghua, a 23-year-old woman who faced relentless online bullying due to her decision to dye her hair pink. In July of the previous year, Zheng became a target of cyberbullying after proudly sharing pictures and videos of her postgraduate admission letter with her grandfather on his hospital bed. Cyberbullies attacked her appearance, associating her with negative stereotypes and spreading fabricated rumors. Despite seeking legal assistance and initiating lawsuits against the bullies, Zheng tragically passed away on January 23, having been hospitalized for depression. Her case further fueled the urgency to address cyberbullying effectively.
China has already implemented various measures to combat online bullying. In late 2022, the Cyberspace Administration of China issued a regulation requiring online platforms and websites to prioritize cyberbullying prevention. Internet operators were urged to establish efficient channels for netizens to report evidence and enable them to block unfriendly comments from strangers through technical means.
In the latest draft guideline, the production or dissemination of rumors with the intent to defame or harm others’ reputations, leading to severe consequences, will be identified as cyberbullying. Perpetrators can be charged with the crime of defamation under the Criminal Law. The draft also addresses the crime of infringing upon residents’ personal information for those involved in organizing cybermanhunts and sharing personal data of others with a larger audience.
Furthermore, the draft emphasizes severe punishment for cyberbullying targeted at children or individuals with disabilities, as well as actions involving the falsification of sex-related topics to harm others’ dignity. Additionally, individuals utilizing “deep-fake” technology to spread illegal or harmful content that disrupts public order, customs, ethics, and morals will face tougher penalties.
The public feedback received during the consultation period will play a crucial role in refining the draft guidelines, ensuring that they effectively address the challenges posed by cyberbullying and safeguard people’s rights in the digital realm.
