Punishment standard of network communication involving pornography

Penalties for Internet communication involving pornographic content:

1, if it does not constitute a crime, it shall be detained for more than 10 days and less than 15 days, and may also be fined less than 3,000 yuan;

2. If the circumstances are relatively minor, they shall be detained for less than five days or fined less than five hundred yuan;

3. If the case constitutes a crime, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined;

4. 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 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.

The filing criteria for the crime of spreading obscene articles are as follows:

1. Making, copying, publishing, selling and disseminating more than 20 video files such as obscene movies, performances and animations;

2. Making, copying, publishing, selling and disseminating obscene audio files 100 or more;

3. Making, copying, publishing, selling and disseminating more than 200 obscene electronic publications, pictures and articles;

4. The actual hits of obscene electronic information produced, copied, published, sold and disseminated exceeded 1 10,000 times;

5. Publishing, selling or disseminating obscene electronic information in the form of membership, with more than 200 registered members;

6. Causing serious consequences.

To sum up, in judicial practice, even if it is not for profit, it also constitutes a criminal offence. Whoever constitutes the crime of spreading obscene articles shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. If the dissemination of obscene articles does not constitute a crime, the public security organ shall impose public security punishment.

Legal basis:

Article 364 of the Criminal Code of People's Republic of China (PRC).

Crime of Spreading Obscene Articles Whoever spreads obscene books, periodicals, films, audio-visual images, 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.

Crime of organizing the broadcasting of obscene audio-visual products Whoever organizes the broadcasting 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.