The Supreme People’s Court and the Supreme People’s Procuratorate have jointly issued the Judicial Interpretation (II)[1] 1 to further clarify the issues concerning the application of laws for handling criminal cases related to making, reproducing, publishing, selling and broadcasting obscene electronic information via the internet, mobile communications terminals and information service centres as well as the benefit chains stemming therefrom. The Interpretation comprises 13 articles mainly providing that: 1. the criteria of conviction and sentencing on the cases of distributing obscene articles for profit shall be applied to the acts of any telecom operator or internet information provider providing any website that is obscene to the knowledge of the operator or provider with services such as internet access, server escrow, network storage space, communications transmission channel, charge collection, and collecting service charges from the website; 2. the criteria of conviction and sentencing on punishing joint offences in making, reproducing, publishing, selling and distributing obscene articles for profit shall be applied to those providing, directly or indirectly and for profit, funds to any website that is obscene to their knowledge by means of releasing advertising or rendering fee settlement services.
[1] Intepretation (II) of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Specific Issues concerning the Application of Laws for the Handling of Criminal Cases related to Making, Reproducing, Publishing, Selling and Broadcasting Obscene Electronic Information via the Internet, Mobile Communications Terminals and Information Service Centres