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Online trolling will be considered as “seriously endangering the social order” if it causes the victim to suffer mental distress or commit suicide, according to the proposed directive. Photo: Shutterstock

Cyberbullying: China looks at ‘severe penalties’ in proposed new rules to fight online violence

  • China’s top three legal bodies issue draft guidelines on a new directive to target cyberbullies, with public consultation lasting until June 25
  • Several incidents of cyberbullying in recent months have sparked grief and outrage in China
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China is planning to roll out a directive to target rampant cyberbullying, including sex-related rumours and defamation.

The Supreme People’s Court, Supreme People’s Procuratorate and Ministry of Public Security – China’s top three legal bodies – jointly issued a set of draft guidelines for the directive on Friday, opening it up for public consultation until June 25.

The document clarifies how online violence may be punished under different existing laws, but does not say when the directive will take effect.

Instances of cyber violence that should draw “severe penalties” include bullying against minors and disabled people, the deployment of paid posters, spreading sex-related rumours, the use of deep fake technology, and cyberbullying organised by websites.

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Law enforcement bodies will consider online insults and defamation to be “seriously endangering the social order” if they cause the victim to suffer mental distress or commit suicide or provoke “a large number of vulgar and malicious comments”, according to the proposed directive.

Under China’s criminal law, such a charge is punishable by up to three years in jail or the deprivation of political rights.

In addition, abusers will face criminal charges if the online violence extends to real life situations. “Human flesh searches” – or cyber manhunts – will also be considered a crime if it is deemed as serious.

China does not have a law against online violence, and there have been calls from senior government departments to strengthen regulations to crack down on such abuse.

In November, top internet regulator the Cyberspace Administration of China issued a circular asking websites to set up mechanisms to prevent online violence.

And in April, the Supreme People’s Procuratorate – China’s public prosecutors – issued a notice on the “rule of law on the internet”, calling on authorities to “severely punish cyberviolence”.

Several incidents of cyberbullying in recent months have sparked grief and outrage in China.

In February, a 23-year-old girl killed herself after battling depression for months over being cyberbullied for her pink-dyed hair. Her death sparked widespread sympathy and a wave of online protests.

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Late last month, a mother in Wuhan, in the central province of Hubei, was trolled for dressing brightly after her six-year-old son was killed in a car accident inside his school campus.

She committed suicide on June 2, triggering a flood of online calls to punish cyber violence. Several official media outlets joined the appeal, including a WeChat current affairs commentary account affiliated with People’s Daily, the mouthpiece of China’s ruling Communist Party.

Following Friday’s release of the proposed legal directive, Wuhan-based media outlet Jimu News launched a survey on the Twitter-like social media platform Weibo, asking users if they supported “heavier punishment for online violence”.

By 8pm on Friday, as many as 3,700 of the 4,000 poll participants – or over 92 per cent – had voted in favour.

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