Yes — but with a catch that decides most cases. Under Article 246 of China’s Criminal Law, publicly humiliating someone or fabricating facts to defame them is a crime punishable by up to three years’ imprisonment, criminal detention, surveillance or deprivation of political rights. It is, however, normally a private prosecution: the victim has to bring the case, unless the conduct seriously harms public order and the interests of the state.

Article 246: what it covers

Article 246 has two limbs. The first is insult — publicly humiliating another person by violence or other means. The second is defamation — fabricating facts to damage another person’s reputation. Both require that the circumstances be serious, and both carry a maximum of three years.

The second paragraph makes this a case handled only upon complaint, meaning a private prosecution filed by the victim in a people’s court rather than by the police and prosecutors — unless the conduct seriously harms public order and national interests. The third paragraph, added by Amendment (IX) to the Criminal Law in 2015, deals with online cases: where a victim files a private prosecution but genuinely has difficulty obtaining evidence, the court may require the public security organs to assist.

The numbers that make online defamation serious

The 2013 interpretation of the Supreme People’s Court and Supreme People’s Procuratorate on defamation through information networks (Fa Shi [2013] No. 21, in force since 10 September 2013) explains when circumstances are serious. The best known thresholds: the defamatory content is actually clicked, browsed or viewed 5,000 times or more; it is reposted 500 times or more; or the person was already administratively punished for defamation within the previous two years and defames again.

It is also a civil wrong

Article 1024 of the Civil Code gives every person and entity a right of reputation and prohibits infringement of it by insult or defamation. Article 1025 protects reporting in the public interest and public-opinion supervision, so long as the actor does not fabricate or distort facts, does not fail to verify seriously untrue material supplied by others, and does not use insulting language to degrade reputation.

What this means in practice

For foreign managers and companies in China, the exposure runs in both directions. A post in a WeChat group or on a review platform accusing a former partner of theft or fraud can trigger a private criminal prosecution; a company account that reposts or amplifies the claim can be treated as a participant. The main defence is truth: if the statement is true and supported by documents, the fabricated-facts element fails. The second is the Article 1025 civil defence for public-interest reporting with reasonable verification. Note also that because the offence is normally a private prosecution, the victim carries the initial burden of collecting evidence — which is why screenshots, timestamps and platform data matter so much.

A scenario

Hypothetical: a foreign sales director dismissed by a Chinese joint-venture partner posts on LinkedIn and WeChat that the partner stole company funds. If the posts are viewed more than 5,000 times and the accusation is untrue, the criminal threshold can be met and the partner can sue privately. If the accusation is true and can be documented with bank records, the criminal case fails — though a civil claim over insulting wording may still be arguable.

The takeaway: in China defamation can be criminal, civil or both — but the criminal route normally belongs to the victim, and the two numbers to remember for online cases are 5,000 views and 500 reposts.

FAQ

Q: Is defamation a crime in China?

A: Yes. Article 246 of the Criminal Law covers insult and defamation where the circumstances are serious, with a maximum penalty of three years.

Q: How long can you be jailed for defamation in China?

A: Up to three years’ imprisonment, criminal detention, surveillance or deprivation of political rights. There is no separate fine-only tier for the basic offence.

Q: Is defamation a private or a public prosecution in China?

A: Normally a private prosecution filed by the victim. Public prosecutors only step in where the conduct seriously harms public order and national interests.

Q: How many views or reposts make online defamation criminal?

A: Under Fa Shi [2013] No. 21, 5,000 views or clicks, or 500 reposts, can amount to serious circumstances, as can repeating the conduct within two years of an administrative penalty.

Q: Can a company be liable for defamation in China?

A: Yes, civilly under Article 1024 of the Civil Code; and anyone who reposts or amplifies fabricated content can be treated as a participant in the criminal case.

Q: Is truth a defence?

A: Yes. If the statement is true and supported by evidence, the fabricated-facts element of Article 246 is not made out; for civil claims, Article 1025 protects public-interest reporting done with reasonable verification.

Related Reading

Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512