Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using the Internet, Mobile Communication Terminals and Voice Information Stations (II)
Fa Shi [2010] No. 3
(Adopted at the 1483rd Meeting of the Judicial Committee of the Supreme People's Court on January 18, 2010, and adopted at the 28th Meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on January 14, 2010, promulgated on February 2, 2010, and implemented on February 4, 2010)
In accordance with the provisions of the Criminal Law of the People's Republic of China and the Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security, Here are some explanations on the specific application of law in handling such criminal cases:

• Article 1 Anyone who, for the purpose of making profits, uses the Internet or mobile communication terminals to produce, copy, publish, sell or disseminate pornographic electronic information, Convicted and punished in accordance with the provisions of Article 1 and Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using the Internet, Mobile Communication Terminals and Voice Stations.
  For the purpose of making profits, anyone who uses the Internet or mobile communication terminals to produce, copy, publish, sell or disseminate pornographic electronic information containing minors under the age of 14, under any of the following circumstances, shall be convicted and punished according to the provisions of the first paragraph of Article 363 of the Criminal Law for the crime of making, copying, publishing, selling or disseminating pornographic materials for profits:
  （1） Producing, duplicating, publishing, selling and disseminating more than ten pornographic films, performances, animations and other video files;
  （2） Producing, duplicating, publishing, selling or disseminating more than 50 pornographic audio files;
  （3） Producing, duplicating, publishing, selling and disseminating more than 100 pornographic electronic publications, pictures and articles;
  （4） The pornographic electronic information produced, copied, published, sold or disseminated has actually been clicked more than 5000 times;
  （5） Publishing, selling and disseminating pornographic electronic information in the form of membership, with more than 100 registered members;
  （6） Using obscene electronic information to collect advertising fees, membership registration fees or other fees, with an illegal income of more than 5000 yuan;
  （7） Although the quantity or amount does not meet the standards specified in Items (1) to (6), they respectively reach more than half of the two or more standards;
  （8） Causing serious consequences.
  If an act specified in the second paragraph is committed and the quantity or amount reaches five times or more of the standards specified in items (1) to (7) of the second paragraph, it shall be deemed as "serious" as specified in the first paragraph of Article 363 of the Criminal Law; If it reaches 25 times or more of the prescribed standard, it shall be deemed as "especially serious".
  
• Article 2 Anyone who uses the Internet or mobile communication terminals to disseminate pornographic electronic information shall be convicted and punished in accordance with the provisions of Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Use of the Internet, Mobile Communication Terminals and Voice Stations to Produce, Copy, Publish, Sell, and Disseminate pornographic electronic information. If anyone uses the Internet or mobile communication terminals to disseminate pornographic electronic information containing minors under 14 years of age, under any of the following circumstances, he shall be convicted and punished according to the provisions of the first paragraph of Article 364 of the Criminal Law:
  （1） The quantity reaches more than twice the standard specified in Items (1) to (5) of Paragraph 2 of Article 1;
  （2） The quantity meets two or more standards in Item (1) to Item (5) of Paragraph 2 of Article 1 respectively;
  （3） Causing serious consequences.
  
• Article 3 Where a group mainly used to disseminate pornographic electronic information is established on the Internet, and its members reach 30 or more or cause serious consequences, the founder, manager and main disseminator shall be convicted and punished for the crime of disseminating pornographic materials in accordance with the provisions of the first paragraph of Article 364 of the Criminal Law.
• Article 4 For the purpose of making profits, if a website builder or a manager who is directly responsible for the creation, reproduction, publication, sale or dissemination of pornographic electronic information is aware of others, and allows or allows others to publish it on a website or webpage owned or managed by him, in accordance with the provisions of the first paragraph of Article 363 of the Criminal Law, Conviction and punishment of the crime of spreading obscene articles for profit:
  （1） The quantity or amount reaches five times or more of the standards specified in Items (1) to (6) of Paragraph 2 of Article 1;
  （2） The quantity or amount has respectively reached two or more times of the standards in Items (1) to (6) of Paragraph 2 of Article 1;
  （3） Causing serious consequences.
  If the amount or amount of the acts specified in the preceding paragraph reaches 25 times or more of the standards specified in Items (1) to (7) of Paragraph 2 of Article 1, it shall be deemed as "serious" as specified in Paragraph 1 of Article 363 of the Criminal Law; If it reaches 100 times or more of the prescribed standard, it shall be deemed as "especially serious".
  
• Article 5 Where a website builder or directly responsible manager, knowing that what is produced, copied, published, sold or disseminated by others is pornographic electronic information, allows or allows others to publish it on websites or web pages owned or managed by him, in any of the following circumstances, he shall be convicted and punished for the crime of disseminating pornographic materials in accordance with the provisions of the first paragraph of Article 364 of the Criminal Law:
  （1） The number of products reaches ten times or more of the standards specified in Items (1) to (5) of Paragraph 2 of Article 1;
  （2） The quantity has reached more than five times of the two or more standards in Item (1) to Item (5) of Paragraph 2 of Article 1 respectively;
  （3） Causing serious consequences.
  
• Article 6 Telecommunication business operators and Internet information service providers, knowing that they are pornographic websites, provide them with services such as Internet access, server hosting, network storage space, communication transmission channels, and agency fees, and collect service fees. In any of the following cases, the directly responsible person in charge and other directly responsible persons shall be punished, In accordance with the provisions of the first paragraph of Article 363 of the Criminal Law, a person shall be convicted and punished for the crime of disseminating pornographic materials for profit:
  （1） Providing the above services for more than five pornographic websites;
  （2） Providing pornographic websites with services such as Internet access, server hosting, network storage space, communication transmission channels, etc., and charging service fees of more than 20000 yuan;
  （3） Providing fee collection services for pornographic websites, and charging service fees of more than 50000 yuan;
  （4） Causing serious consequences.
  If the amount or amount of the acts specified in the preceding paragraph reaches five times or more of the standards specified in items (1) to (3) of the preceding paragraph, it shall be deemed as "serious" as specified in the first paragraph of Article 363 of the Criminal Law; If it reaches 25 times or more of the prescribed standard, it shall be deemed as "especially serious".
  
• Article 7 Where a person who clearly knows that it is an obscene website and directly or indirectly provides funds or provides fee settlement services to it through advertising or other means for the purpose of making profits, in any of the following circumstances, the person in charge and other persons directly responsible shall, in accordance with the provisions of the first paragraph of Article 363 of the Criminal Law, produce, copy, publish, sell Joint criminal punishment for the crime of spreading pornographic articles for profit:
  （1） Placing advertisements on more than ten pornographic websites or providing funds in other ways;
  （2） Placing more than 20 advertisements on pornographic websites;
  （3） Providing fee settlement services to more than ten pornographic websites;
  （4） Providing more than 50000 yuan to pornographic websites by advertising or other means;
  （5） Providing fee settlement services for pornographic websites and charging service fees of more than 20000 yuan;
  （6） Causing serious consequences.
  If the amount or amount of the acts specified in the preceding paragraph reaches five times or more of the standards specified in items (1) to (5) of the preceding paragraph, it shall be deemed as "serious" as specified in the first paragraph of Article 363 of the Criminal Law; If it reaches 25 times or more of the prescribed standard, it shall be deemed as "especially serious".
  
• Article 8 In any of the following circumstances in the implementation of the acts specified in Articles 4 to 7, the perpetrator shall be deemed to have "known", except where there is evidence to prove that he did not know:
  （1） Those who still carry out the above-mentioned acts after being notified in writing by the competent administrative organ;
  （2） Failing to perform legal management responsibilities after receiving reports;
  （3） Providing services such as Internet access, server hosting, network storage space, communication transmission channels, agency fees, and fee settlement for pornographic websites, and charging service fees that are significantly higher than the market price;
  （4） Placing advertisements on pornographic websites, and the click rate of advertisements is obviously abnormal;
  （5） Other circumstances that can be identified as the perpetrator's knowledge.
  
• Article 9 If the act of producing, duplicating, publishing, selling or disseminating pornographic electronic information is repeatedly carried out within one year without being dealt with, and the cumulative amount or amount constitutes a crime, it shall be convicted and punished according to law.
• Article 10 Where a unit commits the crime of producing, duplicating, publishing, selling or disseminating pornographic electronic information, it shall, in accordance with the Criminal Law of the People's Republic of China The Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using the Internet, Mobile Communication Terminals and Voice Stations, and the conviction and sentencing standards for corresponding individual crimes stipulated in this interpretation, The persons directly in charge and other persons directly responsible shall be convicted and punished, and the unit shall be fined.
• Article 11 If anyone commits the crime of producing, duplicating, publishing, selling or disseminating pornographic electronic information for the purpose of making profits, the people's court shall, taking into account the illegal gains of the crime, the social harmfulness and other circumstances, impose a fine or confiscate property according to law. The amount of fine is generally between one time and five times of the illegal income.
• Article 12 The website referred to in the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using the Internet, Mobile Communication Terminals and Voice Information Stations and in this interpretation refers to the content providing website that can be accessed through Internet domain names, IP addresses, etc.
  A website that is established for the purpose of producing, duplicating, publishing, selling or disseminating pornographic electronic information or, after establishment, is mainly engaged in producing, duplicating, publishing, selling or disseminating pornographic electronic information is a pornographic website.
  
• Article 13 In case of any inconsistency between the judicial interpretation previously issued and this interpretation, this interpretation shall prevail.