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Interpretation on Several Issues concerning the Application of Laws in Handling Criminal Cases involving the Use of the Internet, Mobile Communications Terminals and Call Centers for Production, Reproduction, Publication, Trafficking and Dissemination of Obscene Electronic Information (II) (2010)

关于办理利用互联网、移动通讯终端、声讯台制作、复制、出版、贩卖、传播淫秽电子信息刑事案件具体应用法律若干问题的解释(二)

Type of laws Judicial interpretation

Issuing body Supreme People's Court , Supreme People's Procuratorate

Promulgating date Dec 17, 2012

Effective date Jan 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Cyber Law/Internet Law Cybercrime Criminal Law

Editor(s) Lin Haibin 林海斌 Xinzhu Li 李欣烛

The Interpretation on Several Issues concerning the Application of Laws in Handling Criminal Cases involving the Use of the Internet, Mobile Communications Terminals and Call Centers for Production, Reproduction, Publication, Trafficking and Dissemination of Obscene Electronic Information (II) entered into force on 4 Feb. 2010.

There are 13 articles in total, which aim to supplement several circumstances that will constitute the crime of production, reproduction, publication, trafficking and dissemination of obscene articles for profit on the basis of the judicial interpretation on such issues in 2004. For example:

  1. If the relevant content produced, reproduced, published, trafficked and disseminated by the actor contains obscene electronic information of minors under the age of 14, how should the court find the actor guilty of a crime.
  2. If the actor provides, inter alia, online publishing platform, storage platform, payment service and advertising service for obscene electronic information, how should the court find the actor guilty of a crime.

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