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

On March 31, 2019, a forest fire erupted in Liangshan Prefecture, Sichuan Province, and 27 forest firefighting commanders and 3 local firefighters sacrificed their lives during the firefighting operation. On April 2, the Ministry of Emergency Management and the People's Government of Sichuan Province approved the martyrdom status for 30 comrades. All sectors of society expressed condolences for the sacrifices of the Liangshan martyrs. On the same day, the defendant Huo publicly posted insulting remarks on his WeChat Moments about the firefighting sacrifices of the Liangshan martyrs, defaming their moral character and image, which caused great indignation among many internet users, resulting in a bad social impact and seriously harming social public interests. Since the relatives of the 30 firefighting heroes did not file a civil lawsuit, the Baoding City Procuratorate filed a civil public interest lawsuit to the court on August 30, and the court held an open trial and pronounced judgment on the spot, supporting the procuratorial organ's request. Huo expressed in court that he would not appeal and publicly read an apology letter.

Lawyer Ouyang Chenpeng's Case Interpretation:

In this case, we can see that Huo's act of infringing upon the reputation and honor of the Liangshan martyrs essentially meets the constitutive requirements of the Crime of Infringing upon the Reputation and Honor of Heroic 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 effective date of Amendment (XI) to the Criminal Law, at that time, the Baoding City Procuratorate lawfully filed a civil public interest lawsuit to the Baoding City Intermediate Court to pursue Huo's civil liability. Therefore, Huo did not bear criminal liability. At present, Amendment (XI) to the Criminal Law has officially taken effect. When similar incidents occur again in the future, they will be handled according to the newly added crime provisions. This can also greatly reduce the occurrence of incidents of infringing upon the reputation and honor of heroic martyrs, maintain social harmony and stability, and promote the dissemination of socialist core values.

Conclusion:

The internet is not a place beyond the law. 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. Taking responsibility for the statements they make is true freedom of speech.