According to the relevant provisions of Article 68 and Article 69 of the Law on Public Security Administration Punishment, those who make, transport, copy, rent or sell obscene books, pictures, movies and other obscene articles, or use communication tools such as computer information networks to disseminate obscene information and organize the broadcasting of obscene audio and video will be detained or fined. Then, according to the above regulations, it is illegal to make, transport, copy, sell, rent and disseminate obscene articles, but it is also illegal to watch and browse obscene articles without explicit provisions.
According to Articles 363 and 364 of the Criminal Law, those who make, copy, publish, sell or disseminate obscene articles for profit, those who are suspected of making, copying, publishing, selling or disseminating obscene books, films or other obscene articles for profit, or those who are suspected of organizing the broadcast of obscene movies, videos and other audio-visual products are suspected of constituting the crime of spreading obscene articles and the crime of organizing the broadcast of obscene audio-visual products respectively. The maximum penalty is life imprisonment, fine or confiscation of all property, but there is no provision for viewing or browsing in the provisions on the crime of obscene articles.
Watching movies alone or browsing pornographic websites through mobile phones and computers exist in large numbers. Generally speaking, what is punished is the act of selling or spreading obscene articles for profit, and there is no punishment for such common acts as buying CDs or watching online. But as mentioned above, because there is no express provision, there is no prohibition in law. Therefore, because I think it is harmless to society, it will not be regarded as an illegal and criminal act to crack down.
The following may be suspected of illegal crimes.
The act of downloading or copying before or after viewing. Simply look at behavior alone, because it will not cause bad influence and harm to others and society. Therefore, it is not within the scope of laws and regulations. But if you copy obscene information through the internet by downloading, burning CDs, copying USB flash drives, etc. , suspected of violating the provisions of Article 68 of the Law on Public Security Administration Punishment, which is an illegal act of copying obscene articles, will be detained or fined.
Watch it with others. If the actor watches it alone or with his girlfriend or spouse, it is a private act that meets his own needs and is not obviously illegal. However, if the actor watches it with classmates, friends or colleagues, it is suspected of violating the provisions of Article 69 of the Law on Public Security Administration Punishment and belongs to the act of organizing the broadcast of obscene articles. If the circumstances are serious, it is suspected of constituting the crime of spreading obscene articles or organizing the broadcasting of obscene audio-visual products.
Over the wall "to visit foreign pornographic websites. Climbing over the wall refers to the virtual private network, that is, VPN, which bypasses the corresponding IP blockade, content filtering, domain name hijacking, traffic restriction and so on. Achieve access to network content. According to the provisions in the Notice of the Ministry of Industry and Information Technology on Cleaning up and Regulating the Internet Access Service Market, no organization or individual may set up or rent special lines (including virtual private networks) and other channels to carry out cross-border business activities without the approval of the competent telecommunications authorities. Articles 6 and 14 of the Interim Provisions on the Administration of International Networking of Computer Information Networks in People's Republic of China (PRC) stipulate that computer information networks must use the international access channels provided by the National Public Telecommunication Network of the Ministry of Posts and Telecommunications for direct international networking. In violation of the provisions, the public security organ shall order it to stop networking, give it a warning and may also impose a fine. Therefore, it is illegal to climb over the wall to browse foreign pornographic websites, not because browsing itself is illegal, but because "climbing over the wall" is illegal.