"Two highs" clearly use the Internet mobile phone to disseminate obscene electronic information criminality applicable legal standards

"Two highs" clearly use the Internet mobile phone to disseminate obscene electronic information criminality applicable legal standards

Xinhua News Agency, Beijing, February 3rd The Supreme People's Court and the Supreme People's Procuratorate jointly issued an explanation of certain issues concerning the specific application of the law in handling criminal cases involving the production, reproduction, publication, sale, and dissemination of pornographic electronic information using the Internet, mobile communication terminals, and audio-visual stations. (II), implemented on February 4, 2010. This judicial interpretation is aimed at the use of the Internet, mobile communication terminals, and audio-visual stations to produce, reproduce, publish, sell, and disseminate criminal criminality in electronic information and its interest chain, and further clarifies the applicable legal standards for criminal cases.

There are 13 judicial interpretations, and the key contents include: First, the telecommunications business operators and Internet information service providers are known to be obscene websites that provide Internet access, server hosting, network storage space, communication transmission channels, and agency fees. Other services, including service charges, constitute the conviction and sentencing standards for the dissemination of pornographic materials for profit-making purposes. The second is the provision of knowingly pornographic websites. For the purpose of making profits, direct or indirect funds are provided to them through advertising or other means, or fees are provided for settlement. Service, the conviction and sentencing standards for the joint crimes of making, copying, publishing, selling, and disseminating obscene material for the purpose of profit-making; and thirdly, the website administrator who is responsible for the establishment of the website and the person directly in charge knows that others make, copy, publish, sell, and disseminate pornography. Electronic information that allows or allows others to publish obscene electronic information on their own or managed websites or webpages constitutes a conviction and sentencing standard for the crime of spreading pornographic materials for the purpose of profit-making or spreading obscene articles; Fourth, making and copying the use of the Internet and mobile communication terminals. , publication, sale The dissemination of content containing obscene electronic information of minors under the age of 14 strictly stipulated the conviction and sentencing standards; Fifth, it clarified the conviction and sentencing standards for the units to implement the production, reproduction, publication, sale, and dissemination of pornographic electronic information crimes; Sixth, it is clear that five conditions should be recognized that the perpetrator is subjectively “knowing”; seven are the criteria for the establishment of conviction and sentencing standards for group behaviors that are mainly used to disseminate obscene electronic information, calculation of relevant quantities or amounts, and fines for fines. Applicable, as well as related issues such as the definition of "obscene websites".

According to reports, the "two highs" issued this judicial interpretation is to further combat the use of the Internet, mobile phones and other dissemination of obscene electronic information crimes, to solve the application of such criminal cases facing the difficult problems of legal application. This judicial interpretation is based on the Criminal Law of the People's Republic of China and the "Interpretation of Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Making Use of the Internet, Mobile Communication Terminals, and Audio-visual Stations to Produce, Copy, Publish, Sell, and Spread Obscene Electronic Information" issued in 2004. The relevant provisions of the Standing Committee of the National People's Congress have been formulated.

Supreme People's Court Supreme People's Procuratorate

About criminal cases involving the production, reproduction, publication, sale and dissemination of pornographic electronic information using the Internet, mobile communication terminals, and audio-visual stations

Interpretation of Certain Issues Concerning Specific Application of Law (2)

Interpretation [2010] 3

(Adopted at the 1483rd meeting of the Judicial Committee of the Supreme People's Court on January 18, 2010 and the 28th meeting of the 11th Procuratorate of the Supreme People's Procuratorate on January 14, 2010)

In order to punish criminal activities that use the Internet, mobile communication terminals to produce, copy, publish, sell, disseminate, and disseminate obscene electronic information, disseminate obscene and phony information through the voice station, maintain social order and protect the rights and interests of citizens, according to the Criminal Law of the People's Republic of China and the National The provisions of the "Decision of the Standing Committee of the People's Congress on Maintaining Internet Security" are now explained as follows on certain issues concerning the specific application of laws in such criminal cases:

Article 1 For the purpose of profit-making, using the Internet, mobile communication terminals to produce, copy, publish, sell, and disseminate obscene electronic information, in accordance with the Supreme People's Court and the Supreme People's Procuratorate's use of the Internet, mobile communication terminals, and audio-visual stations for production and reproduction. Interpretations of Certain Issues Concerning the Specific Application of Law in Criminal Cases of Publication, Publication, Sale, and Dissemination of Obscene Electronic Information "Articles 1 and 2 provide for conviction and punishment.

For the purpose of profit-making, the use of the Internet, mobile communication terminals to produce, reproduce, publish, sell, and disseminate pornographic electronic information containing a minor under the age of 14 has one of the following circumstances, in accordance with Article 363 of the Criminal Law. The first paragraph stipulates that a person shall be convicted and punished for the crime of making, copying, publishing, selling, or distributing pornographic materials:

(1) Producing, copying, publishing, selling, and distributing more than ten video files of obscene movies, performances, animations, etc.;

(b) the production, reproduction, publication, sale and distribution of more than fifty obscene audio files;

(3) Making, copying, publishing, selling, and disseminating more than 100 pornographic e-publications, pictures, articles, etc.;

(4) Obscene electronic information produced, copied, published, sold, or disseminated has actually been hit more than 5,000 times;

(5) To publish, sell, and disseminate pornographic electronic information in a membership-based manner, with registered members of more than one hundred;

(6) The use of obscene electronic information to collect advertising fees, membership registration fees or other fees, and the illegal income is more than 5,000 yuan;

(7) Where the quantity or amount does not meet the criteria specified in items (1) to (6), but it has reached more than half of the standards of two or more of them;

(8) causing serious consequences.

If the conduct, quantity, or amount prescribed in the second paragraph is more than five times the standard set forth in items (1) to (7) of the second paragraph, it shall be deemed as "the first paragraph of Article 361 of the Criminal Law". The circumstances are serious; if it exceeds the prescribed standard by more than 25 times, it shall be deemed as "the circumstances are particularly serious."

Article 2 The use of the Internet and mobile communication terminals to disseminate obscene electronic information is based on the specific application of the Supreme People's Court and the Supreme People's Procuratorate in handling criminal cases of making, reproducing, publishing, selling, and disseminating obscene electronic information using the Internet, mobile communication terminals, and audio-visual stations. The interpretation of certain issues of the law "The provisions of Article 3 shall be convicted and punished.

If the use of the Internet or a mobile communication terminal to disseminate pornographic electronic information containing a minor under the age of 14 in one of the following circumstances, it shall be convicted of the crime of spreading pornographic articles in accordance with 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 Article 1(2);

(2) The quantity meets the criteria of two or more items (1) to (5) of Article 1 (2) respectively;

(3) causing serious consequences.

Article 3 Use of the Internet to establish a group mainly for the dissemination of obscene electronic information, with more than 30 members or causing serious consequences, to founders, administrators and main communicators, in accordance with Article 362 of the Criminal Law The provisions of paragraph 1 shall be convicted and punished for the crime of spreading obscene articles.

Article 4 For the purpose of making profits, the website creator and the manager directly responsible knowingly that others are making, copying, publishing, selling, or disseminating pornographic electronic information, allowing or allowing others to post on their own or managed websites or webpages, Whoever commits one of the following circumstances shall be convicted and punished for the crime of spreading pornographic materials in accordance with the provisions of the first paragraph of Article 361 of the Criminal Law:

(1) The quantity or amount reaches five times or more the standard prescribed in items (1) to (6) of the first paragraph;

(2) Where the quantity or amount respectively exceeds the two or more criteria of paragraphs (1) to (6) of Article 1;

(3) causing serious consequences.

If the conduct, quantity, or amount specified in the preceding paragraph reaches the standard prescribed in items (1) through (7) of Article 1 (2) above, it shall be determined as the first of the 363rd article of the Criminal Law. The “serious circumstances” stipulated in the subsection shall be deemed to be “particularly serious” if it exceeds the prescribed standard by more than 100 times.

Article 5 The website creator and the manager directly responsible knowingly that other people create, copy, publish, sell, or disseminate pornographic electronic information and allow or allow others to publish it on their own or managed websites or webpages, with one of the following circumstances: In accordance with the provisions of the first paragraph of Article 364 of the Criminal Law, it shall be convicted and punished for the crime of spreading obscene articles:

(1) The quantity reaches more than ten times the standard stipulated in items (1) to (5) of Article 1(2);

(2) The quantity is more than five times the two or more criteria of items (1) to (5) of Article 1;

(3) causing serious consequences.

Article 6 Telecommunications service providers and Internet information service providers knowingly provide pornographic websites, provide them with Internet access, server hosting, network storage space, communication transmission channels, and fee collection services, and collect service fees, subject to the following circumstances: For one, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished by the dissemination of obscene material for profit in accordance with the provisions of the first paragraph of Article 363 of the Criminal Law:

(1) Providing the aforementioned services for more than five obscene websites;

(2) To provide Internet access, server hosting, network storage space, and communication transmission channels for obscene websites, and to collect service fees of more than 20,000 yuan;

(3) Providing fee-based services for obscene websites and collecting service fees of more than 50,000 yuan;

(4) causing serious consequences.

Where the conduct, quantity, or amount prescribed in the preceding paragraph reaches the standard prescribed in items (1) to (3) of the preceding paragraph, it shall be deemed as "the circumstances are serious in the first paragraph of Article 361 of the Criminal Law." If it is more than 25 times the prescribed standard, it shall be deemed as "the circumstances are particularly serious."

Article 7 Whoever knows that it is an obscene Web site, for the purpose of making profits, directly or indirectly provides funds through advertising or other means, or provides fee settlement services, shall be directly responsible for the person in charge and other persons directly responsible in any of the following circumstances: In accordance with the provisions of Paragraph 1 of Article 361 of the Criminal Law, penalties are imposed on the joint crimes of making, reproducing, publishing, selling, and spreading pornographic materials for profit:

(1) Advertising to ten or more obscene websites or providing funds in other ways;

(2) Advertising more than twenty advertisements to pornographic websites;

(3) providing fee settlement services to more than ten obscene websites;

(4) Providing funds to the obscene websites with an amount of more than 50,000 yuan by placing advertisements or other means;

(5) Providing fee-clearing services for obscene websites and collecting service fees of more than 20,000 yuan;

(6) causing serious consequences.

Where the conduct, quantity, or amount prescribed in the preceding paragraph reaches the standard prescribed in items (1) to (5) of the preceding paragraph, it shall be deemed as "the circumstances are serious in the first paragraph of Article 361 of the Criminal Law." If it is more than 25 times the prescribed standard, it shall be deemed as "the circumstances are particularly serious."

Article 8 Whoever commits one of the following circumstances in the implementation of the provisions of Articles 4 to 7 shall be deemed to have "observed knowledge", except where there is evidence that it is indeed unknown:

(1) The above acts are still implemented after the administrative authority informs in writing;

(2) Failure to perform statutory management duties after receiving the report;

(3) To provide Internet access, server hosting, network storage space, communication transmission channels, fee collection, and fee settlement services for obscene websites, and the service fees charged are obviously higher than the market price;

(4) Advertising to pornographic websites, the advertisement click rate is obviously abnormal;

(5) Other situations where the perpetrator can be identified as knowing.

Article 9 If the acts of making, copying, publishing, selling, or distributing obscene electronic information multiple times within one year are not processed, and the cumulative calculation of the quantity or amount constitutes a crime, it shall be convicted and punished according to law.

Article 10: Units that commit production, copying, publication, sale, or dissemination of pornographic electronic information crimes shall be responsible for the production and reproduction of the Internet, mobile communication terminals, and voice stations according to the Criminal Law of the People's Republic of China and the Supreme People's Court and the Supreme People's Procuratorate. “The interpretation of certain issues concerning the specific application of the law in criminal cases of publication, sale, and dissemination of pornographic electronic information” and the conviction and sentencing standards for the corresponding individual crimes as stipulated in this interpretation, convictions and penalties for the directly responsible officers and other directly responsible personnel, and a fine for the unit. .

Article 11 For the purpose of profit-making, the crimes of making, copying, publishing, selling, and disseminating pornographic electronic information shall be implemented. The people's court shall comprehensively consider the circumstances of the crime's illegal income, social harm, etc., and shall punish him with a fine or confiscation of property in accordance with the law. The amount of fines is generally more than double or less than five times the illegal income.

Article 12: 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 Using the Internet, Mobile Communication Terminals, and Voice Broadcasting Stations Is a content delivery site that can be accessed via Internet domain names, IP addresses, etc.

It is an obscene website that establishes or establishes a website that is mainly engaged in the production, reproduction, publication, sale, and distribution of pornographic electronic information activities for the purpose of producing, reproducing, publishing, selling, and distributing obscene electronic information.

Article 13 If the previously issued judicial interpretation is inconsistent with this interpretation, the interpretation shall prevail.

Strict punishment of obscene electronic information crimes to purify Internet and mobile media environment according to law

——Responsible for the “Two Highs” Respondents to the “Interpretation of Several Issues Concerning the Specific Application of Law in Criminal Cases of Making, Copying, Publishing, Selling, and Disseminating Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Audio Visual Stations” (II)

Xinhua News Agency, Beijing, February 3rd The Supreme People's Court and the Supreme People's Procuratorate jointly issued an explanation of certain issues concerning the specific application of the law in handling criminal cases involving the production, reproduction, publication, sale, and dissemination of pornographic electronic information using the Internet, mobile communication terminals, and audio-visual stations. (II) (hereinafter referred to as “Explanation (II)”) shall be implemented as of February 4, 2010. The person in charge of the Supreme People's Court and the Supreme People's Procuratorate answered the reporter’s questions on the issue of this judicial interpretation.

Q: Please tell us about the background and purpose of the interpretation of the explanation (II).

A: The proliferation of obscene electronic information seriously harms the healthy growth of minors, corrupts social morality, and induces crimes. In September 2004, the Supreme People's Court and the Supreme People's Procuratorate promulgated and issued the "Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Making, Copying, Publishing, Selling, and Disseminating Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Sound Broadcasting Stations" (following Abbreviation "interpretation"). "Interpretation" provides conviction and sentencing standards for crimes of direct production, reproduction, publication, sale, and dissemination of pornographic electronic information, and provides a clear basis for cracking down on these crimes.

With the rapid development of information technology, obscene electronic information crimes have taken on new forms and new features. The obscene electronic information crimes that were once effectively curbed have spread in mobile phone networks. With the rapid growth of the number of mobile Internet users and the maturity of the computer internet monitoring mechanism, mobile websites have become an important means of dissemination of obscene electronic information and urgently need effective governance.

In past judicial practice, the judiciary often attacked the end of the obscene website's interest chain. The main reason why obscene websites, especially mobile phone obscene websites, has never stopped is that interest-driven. Mobile phone obscene websites, telecom operators, advertisers, advertising alliances, and third-party payment platforms have formed a chain of interlocking interests. Therefore, the key to combating pornographic websites lies in cutting off the interest chain behind pornographic websites. However, in the process of applying the "interpretation", the judicial authorities encountered problems such as the lack of a clear legal basis for cracking down on interest chains. In view of this, the Supreme People's Court and the Supreme People's Procuratorate jointly formulated "Explanation (II)".

"Explanation (II)" clarifies the establishment, reproduction, publication, and sale of website builders, directly responsible managers, telecommunication service providers, Internet information service providers, advertisers, advertising alliances, and third-party payment platforms. Legal responsibility for the dissemination of pornographic electronic information crimes. Knowing that it is obscene electronic information and does not perform statutory management duties, allowing or allowing others to publish on websites or webpages that they own or manage, and knowingly obscene websites, and providing funds or providing services to obtain profit, etc. Clearly defined as a crime, thus solving the outstanding problems encountered in law enforcement, with practical relevance and operability. "Interpretation (2)" is a further improvement and supplement to "Interpretation." Together they provide a strong judicial guarantee for rectifying Internet and mobile media pornographic and vulgar information special actions, and help to punish obscene electronic information crimes according to law. , To purify the network environment, promote the healthy development of the Internet industry, and protect the healthy growth of minors.

Q: What kind of obscene electronic information crimes are stipulated in Interpretation (2)? What are the main considerations?

A: Explanation (II) has stipulated the following types of obscene electronic information crimes: First, it stipulates that telecommunication operators and Internet information service providers knowingly be obscene websites and provide them with Internet access and server hosting. Network storage space, communication transmission channels, fee collection and other services, and the collection of service fees constitute the conviction and sentencing standards for the dissemination of pornographic materials for profit-making purposes; the second is the provision of knowingly obscene websites, for the purpose of making profits, through advertising, etc. Provide direct or indirect funding, or provide fee settlement services to make, reproduce, publish, sell, and disseminate the common crimes of the crime of obscene material forfeiture, and provide separate convictions and sentencing standards; thirdly, the website builder is directly responsible The administrator knows that others make, copy, publish, sell, or disseminate pornographic electronic information, and allows or allows others to post obscene electronic information on their own or managed websites or webpages. This constitutes the crime of convicting pornographic goods or spreading pornographic articles. Conviction and sentencing standards; four are rules The use of the Internet and mobile communication terminals to produce, reproduce, publish, sell, and disseminate pornographic electronic information containing minors under the age of 14 constitutes a conviction and sentencing standard for the crime of spreading pornographic materials for profit-making or spreading pornographic materials; The use of the Internet to establish a system for the dissemination of obscene electronic information groups constitutes a conviction and sentencing standard for the crime of the distribution of obscene articles. The above regulations clarify the criminal liability of telecommunication service providers, Internet information service providers, advertisers, advertising alliances, third-party payment platforms, website builders, and directly responsible administrators, which are conducive to cutting off the dissemination of obscene electronic information from the source. The interest chain solves the problem of legal application that is reflected in judicial practice.

Question: How does "interpretation (2)" reflect the special protection of minors? How are the relevant provisions of the Interpretation explained?

A: From a worldwide perspective, it is a common practice for all countries to focus on the obscenity of content involving minors and to highlight the protection of minors. Our country has always paid special attention to the protection of minors and has protected the physical and mental health of minors from infringement. Article 6(1) of the “Interpretation” regards the production, reproduction, publication, sale, and dissemination of obscene electronic information that specifically describes underage sex of a minor under the age of 18 as a severe punishment.

In order to severely crack down on pornographic electronic information crimes in the production, reproduction, publication, sale, and dissemination of minors under 14 years of age, the special protection for minors is further reflected. Interpretation (2) stipulates the use of the Internet and mobile communication terminals. The production, reproduction, publication, sale, and dissemination of pornographic electronic information that contains a minor under the age of 14 constitutes a conviction and sentencing standard for the crime of spreading pornographic material for profit or for the distribution of pornographic materials, which is adjusted down half of the “interpretation” provision. It further strengthened the protection of the legal rights of minors.

In short, the above provisions are the important adjustments in the "interpretation" that will make, copy, publish, sell, and disseminate obscene electronic information that specifically describes young people under 18 years of age as an aggravating circumstance. They have jointly built Special protection of underage rights: The use of the Internet, mobile communication terminals to make, reproduce, publish, sell, and disseminate pornographic electronic information that contains a minor under the age of 14 shall be convicted in accordance with the conviction and sentencing standards specified in Interpretation (II). Penalties; If the production, reproduction, publication, sale, and dissemination of obscene electronic information depicting a minor's sexual behavior that is already 14 years old or younger than 18 years of age, it shall still be severely punished in accordance with the provisions of the Interpretation.

Q: There are many clauses in "Explanation (2)" that involve "knowing well." How do you identify the "knowing" in each clause?

A: Judging from the judicial practice, the recognition of “knowing the truth” is the difficulty in combating pornographic electronic information crimes. Actors often evade and fight against profits by claiming that they are not “knowing”. Therefore, it is necessary to set up a special article in "Explanation (II)" that clearly stipulates that the perpetrator should be subjectively "informed." Article 8 of the Interpretation (II) clarifies the criteria for "knowing well" according to the consistent practice of criminal law theory and criminal judicial practice.

In order to facilitate the judicial operation, "Explanation (2)" lists four specific situations that should be recognized as subjectively known by the actor according to the specific circumstances in practice: (1) The above-mentioned behavior is still implemented after the administrative authority informs in writing; (2) (3) Providing Internet access, server hosting, network storage space, communication transmission channels, fee collection, fee settlement, and other services for obscene websites, and the service charge is obviously higher than the market price; (4) Advertising to pornographic websites, the advertisement click rate is obviously abnormal. In addition, there are other circumstances that do not belong to the four cases, but can identify the subject person who is subjectively aware of the situation. Therefore, the “other situations that can identify subjectively knowledgeable people” are specified.

Considering that the situation in judicial practice is relatively complicated, there may be cases where, despite the above-mentioned circumstances, there is evidence that the perpetrator does not know. This article specifically stipulates the principle of exception. Although there are several situations mentioned above, there is evidence that the perpetrator does not know it, nor can he be asserted that the perpetrator is subjectively "informed."

Question: There are some quantitative and quantitative provisions in Explanation (II). What are the principles for determining these quantities or amounts?

A: Many of the terms in Explanation (II) involve quantities or amounts. The provisions of these quantities or standards strictly follow the following three principles:

First, the principle of coordination with the "interpretation". "Interpretation (2)" is a further supplement and improvement to "Interpretation". Both of them provide a clear conviction and sentencing standard for combating pornographic electronic information crimes. In view of this, "Explanation (II)" pays attention to the coordination with "Interpretation" when determining quantity or amount. For example, the multiple relationship between the criteria for “punishment point”, “serious circumstances”, and “extremely serious circumstances” in the relevant clauses of “Explanation (II)” basically maintains the five-fold multiple relationship established by “Interpretation”.

Second, the principle of special protection for the rights of minors under 14 years of age. From a worldwide perspective, it is a special attack on pornographic information involving minors, and the protection of minors’ rights and interests is a common practice in all countries. To reflect the special protection of minors under 14 years of age, "Explanation (2)" stipulates the use of the Internet, mobile communication terminals to produce, reproduce, publish, sell, and disseminate pornographic electronic contents containing minors under 14 years of age. The information act constitutes a conviction and sentencing standard for the crime of spreading pornographic materials for the purpose of profit-making or spreading pornographic articles, and it is halved on the basis of the quantity and amount standards stipulated in the “interpretation” in order to increase the crackdown on such crimes.

Third, based on the principle of judicial practice. The production, reproduction, publication, sale, and dissemination of obscene electronic information, if the quantity or amount reaches a certain level and has greater social harm, should be deemed as a corresponding crime. In the process of formulating the “Explanation (II)”, it organized special forces to conduct in-depth judicial practice to understand specific cases and provide a basis for determining the degree of social harm of behavior. According to the specific case in judicial practice, the opinions of all parties were fully heard, and the relevant number or amount standard that constituted the crime was finally determined.

Question: How does "Explanation (II)" define the "website" and "obscene website"? How should we grasp it in practice?

A: "Explanation (II)" defines the "explanation" and the "website" stipulated in this interpretation. That is, a web site refers to a content providing site that can be accessed through Internet domain names, IP addresses, etc., and includes two elements: One is that websites can be accessed via Internet domain names, IP addresses, etc., that is, websites are relatively fixed on the Internet and have relatively certain Internet domain names and IP addresses. Judicial authorities can investigate and collect evidence and fix evidence accordingly; secondly, websites provide information. The site of the content, that is, the site can provide text, pictures, video, audio and other types of file information, people can access the site to obtain the information they need. In practice, the website includes portals, forums, communities, blogs, podcasts, and groups.

The "Interpretation (2)" also defines the "obscene websites", that is, to create, copy, publish, sell, distribute, and disseminate obscene electronic information for the purpose of establishing or establishing post-employment, mainly engaged in the production, reproduction, publication, sale and dissemination of pornographic electronic information. The active site is an obscene site. In practice, the website includes a number of web pages, sections, channels or sections. It is inappropriate to determine that the entire website is an obscene web site because only one part of it contains obscene electronic information. It should be determined in conjunction with the purpose of its establishment and the major activities it undertakes after its establishment. At the same time, if any of its pages, sections, channels, or sections are created or copied, published, sold, or disseminated for the purpose of obscene electronic information, they are mainly engaged in the production, reproduction, publication, sale, and dissemination of pornographic electronic information activities. The page, section, channel or section should be identified as "obscene website". However, this provision aims to prevent the identification of webpages, columns, channels, or sections that do not involve obscene content in the website as obscene, and also to avoid the identification of a comprehensive website as an obscene website.

Question: What is the “Interpretation (II)” to promote the healthy development of the Internet industry?

A: China's Internet is in a golden period of rapid development, and it is also in the critical period of development norms. The implementation of Interpretation (II) is of great significance in purifying the network environment and promoting the vigorous, orderly, benign and healthy development of the Internet industry.

Firstly, "Explanation (II)" is a legally imposed obscene website that aims to crack down on the production, reproduction, publication, sale, and dissemination of pornographic electronic information for the purpose of establishing or establishing pornographic electronic information activities that mainly engage in the production, reproduction, publication, sale, and dissemination of pornographic electronic information. For those sites that are legally regulated and operated, not only will they not make any restrictions, but they must also strengthen protection in order to encourage website operators to abide by the rules and regulations, strengthen the culture of self-discipline, and maintain the normal order of public networks and communications.

Secondly, the implementation of “Explanation (II)” can effectively cut off the interest chain behind the dissemination of obscene electronic information on the Internet and promote the legal performance of companies and enterprises such as telecommunication service providers, Internet information service providers, advertisers, and third-party payment platforms. To supervise and scrutinize responsibilities, implement the management responsibilities of “who is responsible for management, who is responsible for who is responsible, who is responsible for charging, and who is responsible”, guide the Internet industry and telecommunication industry to fulfill their due social responsibilities, and eliminate the Internet industry and telecommunication industry. Bad group of horses.