Do not post abuse or unverified accusations; if targeted, save evidence before reporting
Public insults or fabricated defamatory claims can bring administrative detention or fines, and serious cases can become criminal offenses carrying up to three years. Reposting is not an automatic defense. If you are the target, insult and defamation cases generally require you to bring the complaint yourself, making preserved evidence important.
What it takes
Free. Take ten seconds before posting. If attacked, save screenshots, screen recordings, URLs, and account IDs, complain to the platform, and report to police where appropriate. Resisting the impulse to respond in kind is the hard part.
What you may gain
Under China’s public-security law, public insult or fabricated defamation can bring up to five days’ detention or a fine up to RMB 1,000, and five to ten days for more serious circumstances. Repeated insulting or threatening messages, persistent harassment or stalking, and covert recording and dissemination of private matters can fall within the same provisions. Deliberately spreading rumors that disrupt public order can bring five to ten days’ detention. Serious insult or defamation may constitute a criminal offense punishable by up to three years. For online defamation, a court may request police assistance if the victim has genuine difficulty gathering evidence. The revised administrative law took effect on 1 January 2026.
Context & considerations
Insult and defamation are generally prosecuted on the victim’s complaint, so do not assume police will automatically open a criminal case. Two qualifications matter: Article 246(2) permits public prosecution when social order or national interests are seriously harmed, and Article 246(3) permits court-requested police help with difficult online evidence. Knowingly forwarding a false claim can also attract liability. See responding to online abuse for the practical routes. The relevant administrative provision moved from old Article 42 to new Article 50.
Research & references
Standing Committee of the National People’s Congress (2025). Revised Public Security Administration Punishments Law, Articles 29 and 50. https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml; National People’s Congress (1997). Criminal Law, Article 246. https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml; Standing Committee of the National People’s Congress (2015). Criminal Law Amendment IX, Article 16, adding Article 246(3). https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml; the same amendment, reposted by the National Public Complaints and Proposals Administration. https://www.gjxfj.gov.cn/gjxfj/fgwj/flfg/webinfo/2017/03/1601761496614423.htm.