Now Shenzhen | February 23, 2024
CHINA LAW 101: Video 89
This is the 18th video of the Staying Out Of Trouble In China Chapter.
To watch the video, click the image above.
First of all, according to the current laws and regulations in our country, browsing adult websites is not considered illegal behavior. Article 5 of the "Administrative Measures for the Protection of International Networking Security of Computer Information Networks," issued by the Ministry of Public Security in 1997 and revised in 2011, states that no unit or individual shall produce, duplicate, access, or disseminate the following information through international networking:...(vi) advocating feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism, or inciting crime... The act of "browsing" constitutes a violation of this administrative regulation and also needs to meet another requirement of "inciting crime." According to the superior law, the "Public Security Administration Punishments Law," which has been in effect since March 1, 2006, and amended on October 26, 2012, states that "browsing" or "accessing" adult websites does not constitute an illegal act.
In the early 21st century, there was a widely discussed news story about a couple who were caught by the public security authorities and subsequently received administrative penalties for watching adult videos at home. The final result of the discussion was that watching pornography by oneself does not constitute an illegal act.
Article 68 of the "Public Security Administration Punishments Law" stipulates that anyone who produces, transports, duplicates, sells, rents obscene books, pictures, films, audio-visual products, or spreads obscene information through computer networks, telephones, and other communication tools shall be subject to detention for more than ten days but less than fifteen days and may also be fined up to three thousand yuan. For less serious cases, detention for less than five days or a fine of less than five hundred yuan may be imposed. Note that there is no mention of the word "browsing."
So is downloading adult videos illegal? Many people believe that downloading, which is referred to as "copying" in Article 68 of the "Public Security Administration Punishments Law," should be considered an illegal act. According to the interpretation of the law, here "production" refers to the act of duplicating existing obscene materials through methods such as reprinting, filming, photocopying, rewriting, or recording. Similarly, in the "Copyright Law," "copying" refers to the right to duplicate a work in one or more copies through means such as copying, recording, filming, reprinting, etc.
According to Baidu Baike, the Wikipedia of China, the method of film duplication involves printing black and white reversal films from the original negatives using full-color positive reversal films, followed by copying the black and white reversal films. If internet users simply download videos from the internet to save them on their personal computers, it does not qualify as professional film "duplication."
The chapter where Article 68 of the "Public Security Administration Punishments Law" is located is titled "Section Four: Acts and Penalties that Disturb Social Order Management." The legislative purpose is to combat acts that disrupt social order management. If internet users download videos onto their personal computers for viewing, it only affects themselves and does not constitute a disturbance to social order.
Regarding the question of whether downloading adult videos constitutes an illegal act, there was a widely publicized case at the time involving a punishment by the public security authorities, which received extensive media attention and social discussion. The "Democracy and Rule of Law Times" conducted a special analysis and report on the case, which can still be found today. The mainstream opinion at the time was that downloading obscene videos for personal viewing without dissemination does not constitute an illegal act.
To conclude, watching porn at home and downloading it for self entertainment is not illegal, but if you give a copy to your friend, or try and make it yourself, or sell it, you will be prosecuted.