What laws have social software violated by publishing obscene information?

Publishing obscene information through social software, according to different situations, breaking different laws and infringing on different rights and interests, should bear different legal responsibilities.

1. Spreading obscene information violates the Public Security Administration Punishment Law.

1. Disseminate obscene information to specific groups.

For example, does it violate laws and regulations for a man to send obscene information to an anonymous person through social software? In this case, it is very important for the recipient to accept obscene information voluntarily. If the party receiving the information clearly indicates that it is unwilling to receive the information, but the party sending the information still sends it, then the party sending the information violates the provisions of Article 42 of the Law on Public Security Administration Punishment and should be punished for public security administration.

Article 42 of the Law on Public Security Administration Punishment stipulates that anyone who repeatedly sends obscene, insulting, intimidating or other information and interferes with the normal life of others shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

At the same time, the sender who sends obscene information without the consent of the other party also violates the personality right of the receiver. According to the provisions of the Civil Code, the sender shall bear tort liability such as apology.

2. Spreading obscene information to unspecified people

For example, a man sending obscene information through WeChat, QQ circle of friends, dynamic functions or chat groups belongs to spreading obscene information to unspecified people. This situation violates the provisions of Article 68 of the Law on Public Security Administration Punishment.

Article 68 of the Law on Public Security Administration Punishment stipulates that those who produce, transport, copy, sell or rent obscene books, periodicals, pictures, films, audio-visual products and other obscene articles or use computer information networks, telephones and other communication tools to disseminate obscene information shall be detained for more than 10 days and less than 15 days, and may be fined less than 3,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.

Three, the dissemination of obscene information, if the circumstances are serious, violate the criminal law, should be subject to criminal punishment according to law.

This situation can be divided into profit-making purposes and non-profit purposes.

1. Crime of spreading obscene information for profit (crime of making, copying, publishing, selling and spreading obscene articles for profit)

Using the Internet, mobile communication terminals, chat rooms, forums, instant messaging software, e-mail and other means to make, copy, publish, sell or disseminate obscene electronic information for profit, if it is suspected of one of the following circumstances, it shall be filed for prosecution:

(1) Producing, copying, publishing, selling or disseminating more than 20 video files such as obscene movies, performances and animations;

(2) Making, copying, publishing, selling or disseminating more than 0/00 obscene audio files;

(3) Making, copying, publishing, selling and disseminating more than 200 obscene electronic publications, pictures, articles and short messages;

(4) The obscene electronic information produced, copied, published, sold or disseminated has actually been clicked 1 10,000 times or more;

(5) Publishing, selling or disseminating obscene electronic information by means of membership, with more than 200 registered members;

(six) using obscene electronic information to collect advertising fees, membership registration fees or other fees, and the illegal income is more than 1 10,000 yuan;

(7) Although the quantity or amount does not meet the standards specified in Items (1) to (6) of this paragraph, it reaches more than 50% of the two or more standards respectively;

(8) Causing serious consequences.

Then, whoever commits the crime of spreading obscene articles for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions on individual crime.

2. Spreading obscene information without profit (crime of spreading obscene articles)

According to relevant judicial interpretations, anyone who uses the Internet or transfers communication terminals, chat rooms, forums, instant messaging software, e-mail and other means to disseminate obscene electronic information for profit, in any of the following circumstances, shall be convicted and punished for the crime of spreading obscene articles:

(1) Disseminating more than 40 video files such as obscene movies, performances and animations;

(2) Spreading more than 200 obscene audio files;

(3) Disseminating more than 400 obscene electronic publications, pictures, articles and short messages;

(4) The obscene electronic information produced, copied, published, sold or disseminated has actually been clicked more than 20,000 times;

(5) Disseminating obscene electronic information by means of membership, with more than 400 registered members;

(six) the number of the above two items has reached more than half of the above standards;

(7) Causing serious consequences.

Spreading obscene books, periodicals, films, audio-visual recordings, pictures or other obscene articles, if the circumstances are serious, constitutes the crime of spreading obscene articles and shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.

To sum up, publishing obscene information through social software violates the Law on Public Security Administration Punishment. Due to the light punishment, the law does not stipulate the number of forms such as video, audio and text. However, for cases that constitute a criminal offence, the relevant judicial interpretation stipulates the specific number of videos, audio, pictures, articles and short messages that constitute a crime and the number of clicks, so as to facilitate the operation, accurately define crime and non-crime, and punish them as crimes.