Abstract:
According to the statistics of published judgment documents, more than 70% of violent terrorism propaganda offences are characterized by one-click release or retransmission to WeChat groups or friends. Some netizens find it difficult to distinguish the violent terrorism nature of videos, but at least know they belong to general violent videos. Because the establishment of propaganda crime takes the knowing of violent terrorism content as the element, some judicial judgments tend to presume subjective knowing based on objective disseminated consequences, which leads to the improper expansion of the crime circle and the dislocation of penalty application. Propaganda that is unable to confirm the knowing of violent terrorism should be identified as spreading general violent videos, and the dissemination of general violent information should be incorporated into public security management, to connect with anti-terrorism administrative punishment. The crime governance of network propaganda is by no means criminal attack of "electronic capture", but an effort to reduce the dark figure of terrorism dissemination, and to build multi-dimensional mechanisms such as public participation, platform responsibility, and administrative intervention. The disseminated behavior with no obvious subjective criminal intention and little infringement of legal interest should be decriminalized, in order to avoid the overreaction of criminal justice.