Cyberbullying And Online Abuse Laws In China
🧾 I. Concept of Cyberbullying and Online Abuse
1. Cyberbullying
Cyberbullying refers to the use of digital platforms to harass, threaten, or humiliate individuals. It can include:
Posting offensive or defamatory content online
Sending threatening or intimidating messages
Exposing private information or photos without consent
Coordinating mass harassment campaigns
2. Online Abuse
Online abuse overlaps with cyberbullying but is broader, encompassing:
Threats of violence
Hate speech and racial or ethnic harassment
Sexual harassment and exploitation online
Impact: Cyberbullying and online abuse can lead to psychological harm, social isolation, and reputational damage. In China, such acts are increasingly recognized as criminal offences if they involve threats, defamation, or invasion of privacy.
⚖️ II. Legal Framework in China
1. Criminal Law of the People’s Republic of China
Key Articles relevant to cyberbullying and online abuse:
Article 246 – Defamation: Spreading false or humiliating statements online can lead to criminal liability.
Article 253 – Coercion and Threats: Sending threats to force action can result in imprisonment.
Article 237 – Intentional Injury: If online abuse leads to self-harm or physical assault, perpetrators may be liable.
Article 277 – Disturbing Public Order: Coordinated online harassment campaigns can fall under this article.
Article 285 – Illegal Access and Computer Crimes: Hacking accounts to harass or intimidate victims is punishable.
2. Cybersecurity Law (2017)
Prohibits posting content that harasses, threatens, or spreads rumors online.
Requires online platforms to monitor, remove, and report abusive content.
3. Civil Law Provisions
Victims can pursue compensation for emotional distress, reputation damage, and economic losses.
Platforms failing to remove abusive content may face civil liability.
⚖️ III. Landmark Cases
Here are six notable cases illustrating cyberbullying and online abuse liability in China:
1. Sina Weibo Defamation Case, 2015 (Beijing)
Facts:
A user posted false and humiliating statements about a celebrity on Weibo, causing significant reputational harm.
Held:
Beijing court applied Article 246 (defamation). The offender was sentenced to 6 months imprisonment with a suspended sentence and ordered to compensate the victim.
Principle:
→ Online defamation targeting individuals can result in criminal liability.
2. QQ Threat Case, 2016 (Shanghai)
Facts:
An individual used QQ messaging to threaten a colleague after a workplace dispute.
Held:
Court applied Article 253 (coercion and threats). Offender received 1 year imprisonment.
Principle:
→ Threatening messages sent online are equivalent to in-person threats under Chinese law.
3. Cyberbullying Leading to Suicide Case, 2017 (Guangdong Province)
Facts:
A high school student was repeatedly bullied online through WeChat groups, leading to self-harm.
Held:
Defendants were prosecuted under Article 237 (intentional injury) and Article 246 (defamation). Sentences ranged from 2 to 4 years imprisonment.
Principle:
→ Online bullying causing psychological harm can lead to criminal liability for injury.
4. Mass Online Harassment on Douyin Case, 2019 (Hubei Province)
Facts:
A group of users organized coordinated harassment against a social media influencer, posting abusive comments and doxxing personal information.
Held:
Hubei court applied Article 277 (disturbing public order) and Article 246 (defamation). Main offenders received 3 years imprisonment, others received 1–2 years.
Principle:
→ Coordinated online harassment campaigns can be prosecuted as disturbing public order.
5. Online Sexual Harassment via Live Streaming, 2018 (Zhejiang Province)
Facts:
A streamer sent sexually explicit messages to minors and recorded private conversations without consent.
Held:
Court applied Article 237 (intentional injury to mental health), Article 285 (illegal access), and child protection regulations. Sentences ranged from 2–5 years imprisonment.
Principle:
→ Sexual harassment online, especially targeting minors, carries strict criminal penalties.
6. Cyberbullying and Revenge Porn Case, 2020 (Chongqing)
Facts:
Ex-partners shared intimate photos online to humiliate the victim after a breakup.
Held:
Chongqing court applied Article 246 (defamation), Article 253 (coercion), and Cybersecurity Law provisions. Offenders received 2–4 years imprisonment.
Principle:
→ Revenge porn and sharing private content without consent are criminal offences.
7. Online Hate Speech Against Minorities, 2021 (Guangxi Province)
Facts:
Users posted racial slurs and incitement against ethnic minorities on social media.
Held:
Courts applied Article 246 (defamation) and Article 291 (incitement to crime). Sentences ranged from 1–3 years imprisonment, with fines.
Principle:
→ Online hate speech against ethnic groups is treated seriously under criminal law.
🧠 IV. Key Takeaways
Cyberbullying and online abuse are criminally punishable when they involve defamation, threats, harassment, or invasion of privacy.
Severity of harm (psychological, reputational, or physical) increases liability.
Minors are specially protected, and abuse targeting them carries stricter penalties.
Platforms have legal obligations under Cybersecurity Law to prevent or report abusive content.
Criminal penalties include imprisonment, fines, and civil liability for damages.
⚖️ V. Conclusion
China has developed a comprehensive legal framework to combat cyberbullying and online abuse, combining:
Criminal Law: Defamation, threats, injury, and public order offences
Cybersecurity Law: Platform monitoring and content removal obligations
Civil Law: Compensation for victims
The cases (Sina Weibo defamation, QQ threats, cyberbullying causing suicide, Douyin mass harassment, online sexual harassment, revenge porn, online hate speech) show that:
Online harassment is treated as seriously as offline harassment
Coordinated attacks and threats to public order carry heavier sentences
Digital platforms are responsible for monitoring and reporting abuse
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