Online Defamation in US, UK, Hong Kong and China

Scenario in PRC

Similar regulations but specifically targeted to online bulletin boards were issued less than one month later. On October 8, 2000, the Ministry of Information Industry issued a new regulation on administration of Internet Broadcasting Bulletin System (BBS) (People's Daily, 2000). In Article 9 of this regulation, it said that no one can release BBS information that insults or defames others or infringes upon the lawful rights and interests of others.

Concerning the penalty of the liable parties, the "General Principles of the Civil Law of the People's Republic of China" has stated a number of methods in Section IV "Methods of Bearing Civil Liability" under the Chapter VI "Civil Liability": the Article 134 states that the main methods of bearing civil liability shall be (1) cessation of infringements; (2) removal of obstacles; (3) elimination of dangers; (4) return of property; (5) restoration of original condition; (6) repair, reworking or replacement; (7) compensation for losses; (8) payment of breach of contract damages; (9) elimination of ill effects and rehabilitation of reputation; and (10) extension of apology. All these methods of bearing civil liability may be applied exclusively or concurrently.

The article also states that, when hearing civil cases, a people's court, in addition to applying the above stipulations, may serve admonitions, order the offender to sign a pledge of repentance, and confiscate the property used in carrying out illegal activities and the illegal income obtained there from. It may also impose fines or detentions as stipulated by law.

Back