Legal Interpretation Case:"Case of Huo's Infringement upon the Reputation and Honor of Liangshan Martyrs"

On March 31, 2019, a sudden forest fire broke out in Liangshan Prefecture, Sichuan Province, resulting in the sacrifice of 27 forest fire fighters and 3 local fire-fighting team members during the fire suppression operation. On April 2, the Ministry of Emergency Management of the People's Republic of China and the People's Government of Sichuan Province approved the 30 comrades as martyrs. All sectors of society expressed their mourning for the sacrifice of the Liangshan martyrs. On the same day, the defendant Huo publicly posted insulting and inappropriate remarks on his WeChat Moments regarding the sacrifice of the Liangshan martyrs in the fire rescue, slandering the moral character and image of the Liangshan martyrs, which aroused great indignation among numerous netizens, caused adverse social impact, and seriously damaged social public interests. In view of the fact that the relatives of the 30 heroic fire rescuers did not file a civil lawsuit, the Baoding Municipal People's Procuratorate filed a civil public interest lawsuit with the court on August 30. The court held a public hearing and pronounced the judgment in court, supporting the claims of the procuratorial organ. Huo stated in court that he would not appeal and read out an apology letter in public.

Legal Interpretation by Lawyer Ouyang Chenpeng:

It can be seen from this case that Huo's act of infringing upon the reputation and honor of the Liangshan martyrs essentially conforms to the constitutive elements of the "Crime of Infringing upon the Reputation and Honor of Heroes and Martyrs" as stipulated in Article 299-1 of the Criminal Law of the People's Republic of China. However, since this case occurred before the promulgation and entry into force of the "Eleventh Amendment to the Criminal Law", the Baoding Municipal People's Procuratorate, in accordance with the law, filed a civil public interest lawsuit with the Baoding Intermediate People's Court to pursue Huo's civil liability, and thus Huo did not bear criminal liability. At present, the "Eleventh Amendment to the Criminal Law" has officially entered into force. When similar incidents occur again, they will be handled in accordance with the newly added criminal provisions, which can also greatly reduce the occurrence of incidents infringing upon the reputation and honor of heroes and martyrs, maintain social harmony and stability, and promote the promotion and dissemination of socialist core values.

Conclusion:

The Internet is not a lawless place. While citizens enjoy freedom of speech, they must also remember that freedom is relative, and there is no absolute freedom in reality. Citizens should establish correct outlooks on life, society, and values, and taking responsibility for the remarks they make is the true freedom of speech.