First, to constitute a crime of libel, we must first meet the following conditions:
1, you are a natural person who has reached the age of criminal responsibility and has criminal responsibility ability. Generally speaking, it refers to a normal natural person who has reached the age of 16.
2. You are subjective and intentional, that is, you clearly know that you are spreading false facts that can damage the reputation of others, clearly know that your actions will lead to harmful results that will damage the reputation of others, and hope this will happen.
3. You objectively fabricated and spread some fictional facts, which are enough to degrade the personality and reputation of others, and the circumstances are serious. In other words, your current behavior is already causing some harm to the defamed person.
What you infringe upon is the reputation and personal dignity of others. If you say that you have not infringed on the reputation and personal dignity of others, then it is not a crime of libel, but other crimes.
Second, the standards for filing online rumors and slanders:
1. The same defamatory information has actually been clicked, viewed more than 5000 times, or forwarded more than 500 times;
2. Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives;
3. Being subject to administrative punishment for libel within two years, and defaming others;
4. Other serious circumstances.
Three, what are the objective elements of libel:
1. There must be the act of fabricating some facts, that is, the content of slandering others is completely fictitious.
There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods.
Defamation must be directed at a specific person, but it is not necessary to name names. As long as we know who the victim is from the content of libel, it can constitute libel.
4. The act of fabricating facts and slandering others must be serious to constitute this crime.
Legal basis:
Criminal law of the people's Republic of China
Article 291 Whoever fabricates false danger, epidemic situation, disaster situation and early warning information and spreads it on information networks or other media, or knowingly spreads it on information networks or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.