Article 68 of the Public Security Administration Punishment Law

Article 68 of the Public Security Administration Punishment Law: Produce, transport, copy, sell, rent obscene books, periodicals, pictures, films, audio-visual products and other obscene materials or use computer information networks, telephones and other communication tools to disseminate them Those who provide obscene information shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than three thousand yuan; if the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan.

Public security management penalties belong to the category of administrative penalties.

1. The so-called public security management penalties refer to the punishment by China’s public security organs in accordance with public security management laws and regulations for disrupting social order;

Hindering public security, infringing on citizens’ personal rights, and infringing on public and private property. , administrative penalties imposed for illegal acts that are minor and not sufficient for criminal punishment.

This article is about the illegal acts and penalties for producing, transporting, copying, selling, renting obscene books and periodicals and other obscene materials, and using computer information networks and other tools to spread obscene information.

2. Interpretation and understanding

Our country attaches great importance to cracking down on illegal and criminal activities involving obscene materials. The Public Security Management Punishment Regulations, the National People's Congress Standing Committee's "Decision on Punishing Criminals Who Smuggling, Production, Selling, and Dissemination of Obscene Materials" and the Criminal Law separately provide for illegal and criminal acts involving obscene materials. In particular, the criminal law stipulates severe penalties for the production, transportation, reproduction, sale, and dissemination of obscene materials. The "Regulations on Public Security Administration Punishments" also stipulates that reeducation through labor can be implemented in accordance with the law. However, with the continuous development of science and technology, the means of such illegal crimes are also constantly changing, such as the use of computer networks, mobile phones and other modern communication tools to spread obscene information. In order to effectively crack down on such illegal activities from the perspective of public security management, create a good social environment for my country's reform and opening up, resist the erosion of decadent ideas, protect the physical and mental health of minors, and strengthen the construction of spiritual civilization, this article not only regulates production, The penalties for illegal acts of transporting, copying, selling, and leasing obscene materials are stipulated, and the penalties for illegal acts of disseminating obscene information are also clearly stipulated.

The "obscene materials" mentioned in this article refer to obscene books, films, video tapes, audio tapes, pictures and other obscene materials that specifically depict sexual acts or explicitly promote pornography. That is, a more detailed and specific description of the process of sexual behavior and its psychological feelings; a detailed description of the process and details of adultery, rape, incest, prostitution, and fornication; a description of children's sexual behavior, homosexual behavior, or other abnormal behaviors and sexual perversions Relevant violence, abuse, humiliation, obscene descriptions of sexual behaviors that are intolerable to ordinary people, and unabashed promotion of pornographic and lewd images; focusing on showing human reproductive organs; provoking people's sexual desire, and being enough to cause the corruption of ordinary people Depraved, stimulating, provocative and obscene items. However, scientific works on human physiology and medical knowledge are not obscene materials. Literary and artistic works of artistic value containing pornographic content are not considered obscene materials. “Production” here refers to activities such as production, recording, writing, translating, painting, printing, engraving, filming, and developing. "Transportation" refers to the act of transporting obscene materials through various means of transportation. Such as using ships for water transportation, using aircraft for air transportation, using various vehicles for land transportation, etc. "Copying" refers to the act of duplicating existing obscene materials through reproduction, reproduction, photocopying, copying, duplication, etc. "Selling" refers to the act of selling obscene materials to others through wholesale or retail. "Leasing" refers to the act of temporarily providing pornographic materials to others for use by charging a certain fee or benefit. This situation is more common now, such as renting out obscene books, publications, audio-visual products and other obscene materials to others. “Obscene books and periodicals” here refer to books, newspapers, magazines, picture albums, etc. that contain obscene content. "Audiovisual products" refer to videotapes, slides, audio tapes, photos, laser records, DVDs, etc. containing obscene content.

The use of computer information networks, telephones and other communication tools to spread obscene information is a new way of spreading obscene information that has developed in recent years. It mainly refers to the illegal behavior of disseminating obscene information through the Internet, using chat rooms, forums, instant messaging software, emails, etc., and disseminating obscene electronic information and voice information through telephones and mobile communication terminals.

This includes both those who directly carry out dissemination activities and those who knowingly provide links to websites or web pages that they own, manage or use, knowing that the electronic information is obscene. The "computer information network" here is broad, including not only the Internet, but also local area networks, remote networks and other networks. It refers to computers and their related supporting equipment and facilities, which collect information according to certain application goals and rules. , processing, storage, transmission, retrieval and other processing computer systems. The state implements overall planning, unified standards, and hierarchical management of the Internet. In order to regulate Internet information service activities and promote the healthy and orderly development of Internet information services, the State Council promulgated the "Internet Information Services Management Measures" on September 25, 2000. According to the "Measures", Internet information services are divided into two categories: commercial and non-commercial. Commercial Internet information services refer to service activities such as providing information or web page production to Internet users for a fee through the Internet. Non-commercial Internet information services refer to service activities that provide open and exclusive information to Internet users for free through the Internet. The state implements a licensing system for commercial Internet information services and a filing system for non-commercial Internet information services. Those who do not obtain permission or fail to perform registration procedures are not allowed to engage in Internet information services. The “dissemination” mentioned in this article refers to the act of causing the dissemination of obscene information through text, pictures, audio, video, etc. Dissemination must be intentional, that is, knowingly spreading obscene content to others. If there is no subjective intention to spread, it cannot be regarded as spreading obscene information. The obscene information here refers to information with obscene content. According to the "Self-Discipline Norms for Internet Websites Prohibiting the Spread of Obscene, Pornographic and Other Bad Information" promulgated by the Internet Society of China and the Internet News Information Services Working Committee on June 10, 2004, "obscene information" refers to the promotion of obscene behavior as a whole, and has the following characteristics: One of the contents is text, pictures, audio, video and other information content that arouses people's sexual desire, leads to corruption and degradation of others, and has no artistic or scientific value:

1. Obscenely detailed descriptions of sexual behavior, sexual intercourse and psychological feelings;

2. Promote pornographic and lewd images;

3. Obscenely describing or teaching sexual skills;

4. Describe in detail the methods, processes or details of incest, rape and sexual crimes, which may induce crimes;

5. Describe specifically the sexual behavior of teenagers and children;

6. Obscene and detailed descriptions of homosexual behavior or other sexual perversions, as well as specific descriptions of violence, abuse, and humiliation related to sexual perversions;

7. Other obscene descriptions of sexual acts that would be intolerable to ordinary people. Information with obscene content is reflected through video files, audio files such as movies and animations, and electronic information such as electronic publications, pictures, articles, and short messages. The boundary between obscene information and pornographic information should mainly be divided based on the degree of content. Pornographic information generally refers to content that is not obscene as a whole. The purpose of the information is not to promote obscene content, but part of it is mixed with the obscene information listed above. It should be noted that electronic information and audio information on human physiology and medical knowledge are not obscene information. Electronic literature and artistic works with artistic value that contain pornographic content are not considered obscene information. "Other communication tools" stipulated in this article refer to communication tools that can be used to transmit information, such as BP machines, walkie-talkies, etc., in addition to landline phones and mobile phones. According to the provisions of the "Internet Information Services Management Measures"; Internet information service providers are not allowed to produce, copy, publish, or disseminate information that contains obscenity, pornography, or content prohibited by laws and administrative regulations.

When applying this article to handle public security cases, attention should also be paid to distinguishing between crimes and non-crimes. The regulations should be followed in accordance with the Criminal Law, the Supreme People's Court and the Supreme People's Procuratorate's "On Handling the Production and Reproduction of Internet, Mobile Communication Terminals and Audio Stations" The Interpretation of Several Issues on the Specific Application of Law in Criminal Cases of Publishing, Selling, and Disseminating Obscene Electronic Information shall be distinguished from the provisions of this Law. Those who constitute a crime shall be investigated for criminal liability in accordance with the relevant provisions of the criminal law. For those who do not constitute a crime, according to the provisions of this article, those who engage in one of the acts of producing, transporting, copying, selling, leasing obscene materials or disseminating obscene information, the offender shall be detained for not less than ten days but not more than fifteen days, and may be concurrently detained A fine of not more than three thousand yuan shall be imposed. The provision of "concurrent punishment" of fines here is optional, that is, a fine can be imposed together with detention, or only detention without a fine.

For minor violations, the offender may be detained for not more than five days or fined not more than 500 yuan, depending on the circumstances. l At the time of prosecution, in accordance with the provisions of Article 76 of this Law, compulsory education measures may also be taken in accordance with national regulations for the above-mentioned illegal actors who refuse to mend their ways despite repeated admonitions. In practice, we should strictly grasp the circumstances of those who refuse to change despite repeated admonishment, differentiate between different situations, and impose different punishments to ensure that the punishment for the wrong is equal.

Obscene materials seized by public security organs when handling public security cases shall be confiscated in accordance with the provisions of Article 11 of this Law and destroyed under the supervision of superior departments in accordance with relevant regulations.

The legal basis is Article 68 of the "Public Security Administration Punishment Law".