On 21 Feb. 2022, the Supreme People’s Procuratorate (SPP) has released the 34th batch of guiding cases during a press conference. The newly-released five guiding cases mainly focus on the criminal protection of personality rights including online humiliation, defamation, and infringement of personal information.

Article 246 of China’s Criminal Law stipulates that the crimes of humiliation and defamation shall be handled only upon compliant, except where serious harm is done to public order or to the interests of the State. For example, where the victim files a complaint with the people’s court on the commission of the conduct of humiliation or defamation through the information network, and it is indeed difficult to provide evidence, the people’s court may require the public security authority to assist.

Prosecution Cases No. 137 shows that online defamation can be spread widely causing serious damages and it can be difficult to eliminate the impact. The victims are often faced with dilemmas of providing evidence and defending their rights. Relief can hardly be realized through private prosecution.

Therefore, if online defamation brings harm to the public interests of society, then public prosecution procedure should be appropriately applied, which means that the public security authority should carry out an investigation and the people’s procuratorate should file criminal charges, so as to make up for the incapability of the victims.