Spreading others' privacy, inciting online violence, convicted and sentenced

Case Garden Case: Li Yan (pseudonym) is an online anchor. From January to May 2019, Liu Hong (pseudonym) and Li Yan had an emotional dispute

Case Garden

Case: Li Yan (pseudonym) is an online anchor. From January to May 2019, Liu Hong (pseudonym) and Li Yan had an emotional dispute. In order to vent his anger and retaliate, Liu Hong purchased the name, age, address, ID card number, photo and other personal information of Li Yan and her parents from others. After editing and adding cursed words, he repeatedly released them through dozens of online accounts, saying that "everyone can borrow Li Yan's ID number online". The reading volume of related online posts has exceeded 10000 times, causing a large number of negative comments. Liu Hong also used his online account to add a large number of fans of the victim Li Yan, sent personal information such as Li Yan's photo in private messages, and threatened to harm Li Yan.

Due to the illegal use of personal information, Li Yan's work and life have been severely disrupted. In April and May 2019, her live streaming revenue plummeted and a large number of fans withdrew their attention. Li Yan couldn't bear to choose to report to the police, and Liu Hong was later arrested and prosecuted.

Judgment: The People's Court of Liling City, Hunan Province believes that the defendant Liu Hong violated relevant national regulations by illegally obtaining personal information of citizens, causing economic losses to the victims and seriously affecting their lives, constituting the crime of infringing on personal information of citizens. After considering the defendant's confession and other circumstances, the court sentenced the defendant Liu Hong to 10 months in prison, suspended for 1 year, and fined 20000 yuan for the crime of infringing on citizens' personal information.

Statement: In recent years, the issue of online violence has attracted widespread attention from society. The frequent occurrence of online violence and criminal activities not only seriously infringes on the personal rights of the parties involved, but also seriously pollutes the network ecology and poisons the network atmosphere. The types of illegal activities involved in online violence are diverse, and infringing on citizens' personal information is one of them. Especially through "human flesh search" and "unboxing", illegally exposing the privacy of others and publishing personal information of citizens on the internet can lead to online violence directly targeting specific individuals, with even more serious harm, and may even transform into offline violence, which can directly harm the personal rights and interests of the victims. Based on this, it is necessary to severely punish acts of online violence that infringe on citizens' personal information, in order to effectively safeguard the legitimate rights and interests of victims.

This case is a case of online violence committed by infringing on citizens' personal information. The perpetrator purchases personal information and releases it to the public through the internet, seriously infringing on the victim's personal information rights and causing serious disturbance to the victim's normal work and life, meeting the standard of criminal punishment of "serious circumstances". Based on this, the people's court convicted and sentenced the defendant for the crime of infringing on citizens' personal information, cracking down on online violence, effectively protecting the legitimate rights and interests of victims, and purifying the cyberspace.

(organized by our reporter Wang Jinhu)


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