(Photo : Sina Weibo)

Spreading online rumors that will be viewed by more than 5,000 Internet users or retweeted more than 500 times will send anyone in China to jail for defamation charges, the state-owned People's Daily reported.

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A penalty of three years in prison awaits anyone who will post defamatory comments or rumors that could hurt a victim's reputation, according to the document released by China's top courts - the Supreme People's Court and the Supreme People's Procuratorate.

The new guideline sets the rules for convicting and sentencing those who spread rumors online that clearly defame, blackmail individuals or businesses, or provoke. If the persons posting the online rumors are repeat offenders, they could also face defamation charges. A higher penalty will be imposed to online rumormongers if their rumors will trigger suicide or mental disorder to the victims or the victim's immediate family.

Corruption Posts Allowed

However, those who will help expose corrupt officials online are spared by the new judicial interpretation even if the posts are not 100 per cent accurate, Sun Jungong, a spokesman for the top court, said.

According Sun, the judicial interpretation, a first of its kind to regulate online rumors in China, will serve as a legal reference for punishing cybercrimes such as slander and defamation.

Sun said online rumors have disrupted social order and triggered incidents of suicide, among others and the public have called for harsh punishment against Internet rumor starters.

However, he stressed that criminal charge for defamation will only be filed against the rumor spreader if the online rumor gravely harmed social order or have affected or threatened national interest.

Penalty Also For Business Organizations

The judicial interpretation takes effect today (Tuesday) and the punishment are not just for individuals who spread online rumors but also companies that will receive payment to delete online messages or intentionally post false information.

The judicial interpretation stipulated that companies that will earn more than $24,500 gross revenue or if the person or business gains more than CNY20,000 or $3,270 from helping people to delete posts could face serious charges.