网络谣言因其传播速度快,范围广和高破坏性等特点,涉及网络诽谤的案件也明显增多。作为保护个人名誉,社会秩序和国家利益的诽谤罪,可以有效地打击因网络谣言引发的网络诽谤行为。虽然刑法规定了诽谤罪自诉转公诉的标准,但在当今的网络时代准确理解和界定诽谤罪的“但书”条款,有利于合理平衡公民的名誉权和言论自由。 Network rumors because of its speed, wide range and high destructive characteristics, network defamation cases also increased significantly. As a defamation crime that protects personal reputation, social order and national interests, it can effectively combat Internet defamation caused by Internet rumors. Although the criminal law stipulates the standard of self-prosecution of defamation to public prosecution, accurately understanding and defining the “proviso ” clause of defamation in today’s Internet age is conducive to a reasonable balance of civil rights of reputation and freedom of speech.