Courts crack down on cyberbullying

Chinese courts have intensified efforts to combat cyberbullying by refining judicial rules and providing stronger legal education for the public, striving to safeguard individuals' rights to privacy, reputation, life and health.

"In recent years, the rampant spread of cyberbullying — characterized by malicious insults, defamation, rumors, and privacy violations — has become increasingly frequent online, causing harm to the mental and physical well-being of the victims," the Supreme People's Court said on Tuesday.

"The bullying also fosters a toxic online environment, disrupts internet order, damages the digital ecosystem, and severely undermines the public's sense of security," the country's top court added.

In response, the top court has reiterated the need to strongly resolve cyberbullying-related issues by disclosing five notable cases and calling for judges to persist in rigorously punishing violators.

In one case, a court in Gansu province sentenced an individual surnamed Lyu to one year and two months in prison for the crime of insult on Oct 29, 2023, after finding him guilty of distributing the victim's nude photos and video chats out of a personal vendetta.

In October 2020, the victim met Lyu online through QQ — an instant messaging and social platform — and they subsequently entered into a romantic relationship.

During the period, Lyu requested nude pictures and videos from the victim and saved screenshots of the content.

In July 2021, the couple broke up. Seeking revenge, Lyu repeatedly shared the victim's nude images and videos online from August 2021 to June 2023. Some of the content was provided to the victim's friends and classmates, while some was even shared in WeChat groups with more than 300 members.

The top court clarified that using violence or other methods to publicly insult someone constitutes the crime of insult under the Criminal Law. It further explained that the anonymity, collective nature, and immediacy of the internet amplify the social harm caused by online insults.

"This results in the information spreading more widely and rapidly, causing greater damage to the victim's reputation and personal dignity," it said, adding that such circumstances can be deemed "serious" under the legal definition of the crime.

In addition, the top court has reaffirmed the importance of protecting personal information, stating that an online practice known as "box opening" fuels the escalation of cyberbullying and constitutes a serious violation of people's legitimate rights.

In another case, the victim Zhu, a teacher at a middle school in Jiangsu province, had a conflict with the defendant surnamed Wu. Following their disputes, Wu repeatedly mentioned the issue to another individual, Chen, who suggested obtaining Zhu's personal data to post negative content online and tarnish his reputation.

In May 2020, Chen purchased various pieces of information related to Zhu for over 13,000 yuan ($1,888), including Zhu's accommodation records, flight and railway travel details, as well as some messages about individuals who had crossed paths with Zhu at some time, either in person or online.

Chen sent this information to Wu, who selected details about some women who had stayed at the same hotel as Zhu during the same period. This included information on more than 20 female students from Zhu's school.

Later, Wu found a few others to use the messages to write online posts with exaggerated headlines, garnering over two million views and comments. The false content harmed Zhu and also disrupted the studies and daily lives of the students involved.

A court in Jiangsu ultimately ruled that the behavior of Wu and Chen amounted to infringement of personal information, and sentenced them to 11 months and 12 months, respectively.