"Whether the above two types of online chat can be convicted and punished as the crime of disseminating obscene materials, firstly, it is necessary to examine whether such acts are obscene, and secondly, it is also required to meet the characteristics of "dissemination".

For the determination of the obscenity of online L chats, the specific provisions of Article 2 of the "Interim Provisions on the Identification of Obscene Sex Objects" issued by the State Press and Publication Administration in 1988 can be referred to.

The circumstances of obscenity stipulated in this article include: 1. Obscene and specific descriptions of X's behavior, X's intercourse and their psychological feelings, which is basically the case of Xiaohuangwen......

Online L chat is an act of showing one's L body to specific or unspecified others through online chat rooms and cameras, and the information thus conveyed to the audience is obviously highly obscene.

You all agree on that, right? Meng Guangda looked at Zhou Ying and the others.

Both nodded their heads and agreed with Meng Guangda's opinion. Zhou Ying felt that this seemed to be the case.

Meng Guangda took a sip of tea and continued: "Second, the crime of disseminating obscene materials also requires that the criminal behavior conform to the characteristics of 'dissemination', and that obscene information be widely disseminated, thereby affecting the public's feelings for X, which is a serious social harm.

The so-called "dissemination" generally refers to the dissemination or making available to others or obtained; In other words, the communication must have a certain degree of openness, or it must be accessible or used by an unspecified number of people.

It can be seen that online L chat cannot be regarded as a communication behavior.

Among them, for the "point-to-point" type of L chat, its most prominent feature is privacy, L chat is carried out secretly between the two parties, and will not affect the public's feelings for sex, this kind of behavior does not meet the requirements of the crime of disseminating obscene materials, so this kind of L chat usually occurs between husband and wife, lovers or strangers to fill the spiritual emptiness, should rely on moral restraint and should not use criminal law adjustment.

On the contrary, the 'point-to-point' style of L chat makes all kinds of human X behaviors public, violates human X shame, and seriously infringes on the goodness and sexual morality in social customs.

With the popularization of the Internet, many lawbreakers use this method of L chat to set up hosts and solicit members in Internet video chat rooms, wantonly organize obscene performances on the Internet, disseminate obscene information, illegally make profits, and induce other crimes, which has serious social harm. ”

"Da Ge, according to you, point-to-point does not constitute a crime, only point-to-point constitutes a crime?" Zhou Ying frowned.

"Not necessarily, if you talk point-to-point and then charge a fee, even if it does not constitute the crime of disseminating obscene materials for profit, it may also constitute other crimes, depending on the specific circumstances of the case." Meng Guangda explained.

"But even then, there are no items! If convicted of the offence of disseminating obscene material for profit, what is an 'article' in this case? Zhou Ying's brain couldn't turn for a while.

This brings me to the third point.

It is an indisputable fact that the law lags behind the development of society. With the development of the times, the definition of 'obscene materials' should adhere to the perspective of development and reasonably expand the scope of the term.

In the 1979 Criminal Code, 'obscene materials' are limited to Y books and Y paintings, which can be intuitively identified by the naked eye, whether they are books used as carriers or obscene information attached to them.

In 1990, the National Council of Senior Officials adopted the Decision on Punishing Criminals Who Smuggle, Produce, Sell and Disseminate Pornographic Materials, which included pornographic films, video tapes and audio tapes in the list of 'pornographic materials' and were incorporated into the Criminal Law of 1997.

The Decision on Safeguarding Internet Security, adopted by the National Conference of Senior Officials in December 2000, stipulates that anyone who establishes obscene websites or web pages on the Internet, provides links to pornographic websites, or disseminates pornographic books, periodicals, films, audio-visual recordings, and pictures is guilty of the crime of pornographic materials.

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Legal Issues Concerning the Specific Application of Law in Handling Criminal Cases of Production, Reproduction, Publication, Sale, and Dissemination of Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations, promulgated in 2004, expanded the scope of 'pornographic materials' to include electronic information on the Internet and mobile communication terminals, such as video files, audio files, electronic publications, pictures, articles, and short messages that specifically depict sexual acts or explicitly promote S feelings, as well as voice messages from voice stations.

In February 2010, the Supreme People's Court and the Supreme People's Procuratorate promulgated the "Interpretation (II) on Several Legal Issues Concerning the Specific Application of Law in Handling Criminal Cases of Production, Reproduction, Publication, Trafficking, and Dissemination of Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations", focusing on cutting off the chain of interests for the crime of obscene electronic information.

The above-mentioned documents and judicial interpretations adhere to the perspective of development in the definition of 'obscene materials'.

Due to the technical characteristics of online video chat, video information often exists in the form of dynamic video streams, rather than being attached to static file carriers.

The requirements of the above-mentioned documents for the carrier of obscene information have made it difficult to effectively deal with the harm caused by such electronic obscene information.

Therefore, I believe that for the crime of obscenity, the focus should be on the obscenity of the information, and it does not matter whether the information is attached to what carrier. Online L chat fully possesses the basic attributes of obscene materials and can become the target of crimes for disseminating obscene materials. Meng Guangda explained.

", you know so much!" Zhou Ying said with a smile, her tone was a little ridiculous. She looked at Meng Guangda's eyes meaningfully.

"Don't think about it!" Meng Guangda pretended to be angry: "If you look at me like this again, don't look for me if you encounter problems in the future." ”

Zhou Ying smiled and said, "Brother Da, have you ever handled a similar case before?" ”

"I've never been in a case like this, but I've seen it. You can check the 'first person to be convicted in China', after that case was judged, several similar cases appeared one after another, this case is very similar to those cases, you can learn from it.

Although we are not a precedent country, judges will always learn from the same type of cases, especially the cases released by the Supreme People's Court. Meng Guangda said seriously.

"Well, I'll go back and find out. Let's go, it's half past twelve, and I'll have a treat at noon. Zhou Ying packed up the case file, got up and said.

……

The next morning, in the conference room. Jiang Chunzhi came to Sidley Law Firm by the company of her mother.

Zhou Ying looked at Jiang Chunzhi, who was released on bail on the other side: "I have said everything that should be said, this is my litigation plan." ”

"Lawyer Zhou, is there no other way?" Jiang Chunzhi's eyes were a little dim, her hair was a little scattered, and there was no expression on her face, but even so, she couldn't hide her handsome face.