Is it illegal to browse unhealthy websites?

1. Not necessarily illegal, article 364th of the Criminal Law.

Crime of spreading obscene articles

Whoever disseminates obscene books, periodicals, movies, audio-visual, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Although the legal basis for punishment did not mention whether browsing pornographic websites was illegal, the notice reprinted by Chivalrous Island specifically mentioned that the man had used the software for a long time to browse overseas pornographic websites. The content of this notice makes people feel that browsing pornographic websites may also be one of the circumstances in which the man was punished.

(1) Relevant criminal law provisions

1. Article 363 of the Criminal Law commits the crime of making, copying, publishing, selling and disseminating obscene articles for profit; Provisions on the crime of publishing obscene books and periodicals by providing ISBN for others;

Whoever makes, copies, publishes, sells or disseminates obscene articles for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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.

Whoever provides a book number for others and publishes obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; Whoever knowingly publishes obscene books and periodicals and provides the ISBN shall be punished in accordance with the provisions of the preceding paragraph.

2. The crime of spreading obscene articles in Article 364 of the Criminal Law; Provisions on the crime of organizing the broadcasting of obscene audio-visual products:

Whoever disseminates obscene books, periodicals, movies, audio-visual, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Whoever organizes the broadcast of obscene movies, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance 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.

Whoever makes or copies obscene movies, videos and other audio-visual products for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph.

Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.

3. Article 365 of the Criminal Law stipulates the crime of organizing obscene performances:

Whoever organizes obscene performances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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.

4. Article 152 of the Criminal Law stipulates the crime of smuggling obscene articles:

Whoever smuggles obscene movies, video tapes, audio tapes, pictures, books and periodicals or other obscene articles for the purpose of profit-making or dissemination shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.

: Is it illegal to watch porn secretly?

What pornography-related acts (called obscenity in legal terms) are illegal and criminal acts.

First, it is a crime to make, copy, publish, sell and spread obscene articles for profit.

The so-called production, for example, if you shoot a short video, this behavior is production. The so-called plagiarism, for example, if you copy this short video into many copies, is plagiarism. Publishing means that you take this short video to a publishing house for publication. The so-called selling means that you shoot this short video and sell it online or offline. The so-called communication means that you frequently give this short-sighted behavior to others, so that the audience will continue to grow.

It is worth noting that the premise that these five behaviors constitute a crime is that you must make a profit, that is, you are trying to make money. If you only share it with your friends occasionally out of Lei Feng's psychology, it will not be serious enough to constitute a crime.

The second is the act of spreading obscene articles. Although the premise that spreading obscene articles constitutes a crime is generally for profit, if you spread it more often, it may still be a crime even if it is not for profit.

So, how many times is it a crime to spread obscene articles without profit?

According to the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using Internet, Mobile Communication Terminals and Voice Stations, I briefly extract several standards for your reference:

(1) distributed 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 dissemination of obscene electronic information was actually hit more than 20,000 times;

(5) Spreading obscene electronic information with more than 400 registered members.

Therefore, even if you don't want to make money, it is a crime if you upload obscene videos online for entertainment or any other purpose, as long as the number of times of dissemination reaches the above standards.

Is it illegal to watch porn secretly by yourself?

What needs special attention here is that some peer-to-peer sharing network platforms have legal traps, such as Thunder. I don't know if you have noticed that if you download something in Thunder, Thunder will automatically upload it for you by default. Then, if what you upload happens to be pornographic content, it may constitute the act of spreading obscene articles and violate the law.

Third, it is also a crime to organize obscene performances and broadcast obscene films. For example, a few decades ago, when the Internet had not entered every household, some audio-visual halls in the streets and alleys might play some small pornographic films to attract customers. This kind of behavior belongs to the organization of broadcasting obscene movies, videos and other audio-visual products, which is suspected of constituting a crime.

The fourth is the act of smuggling obscene articles. It is also a crime if you smuggle obscene movies, videos, audio tapes, pictures, books and periodicals for profit or dissemination.