With the rapid growth in Chinese media services and increased awareness of legal rights among the Chinese, defamation litigation in China is on the rise. Generally speaking, defamation is usually treated as a civil matter, but if it is deemed to be a serious threat to public order or national interest, defamation can be a criminal offence. This advisory will summarize the current state of this fast-developing area of in China and includes some general remarks.
Civil Defamation -
The General Principles and SPC’s Interpretation -
Articles 101 and 102 of the General Principles of the Civil Law of the People’s Republic of China (General Principle), enacted in 1987, and the interpretations of these two and related Articles of the General principles were the sole basis for Chinese civil defamation law.
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