| Webcasting refers to the process of relying on programs such as the live broadcast platform software or social software to broadcast real life in real time and share with others.As a new social media model that has just emerged in the last five or six years,webcasting has the characteristics of low threshold,low cost,high impact,and high income.Therefore,the live broadcast culture is rapidly popularizing and well received by the public,becoming the most promising future and the hottest internet industry.Everything has two sides,and webcasts are no exception.The virtual nature of cyberspace gives strong concealment to online live broadcast crimes,and it also increases the difficulty of monitoring and enforcing online live broadcasts.At present,China has not yet formulated a law that clearly regulates the online live broadcast industry.There is controversy when conducting qualitative analysis.Many criminals use the vacuum zone of the law as an infringement.One of them is the live broadcast of pornographic websites related to pornography.The live broadcast of pornographic videos related to pornography has changed the way of spreading obscene articles,widening the scope of spread of obscene items,which is extremely harmful to society,and it is imperative to impose criminal regulations on them.Therefore,this article will conduct a criminal legal analysis of pornographic activities related to pornographic videos.The full text is divided into three parts:The first part briefly summarizes the concepts and characteristics of Huangrelated webcasts,and the types of behaviors of Huang-related webcasts.According to different behavior patterns,the types of web porn live can be divided into one-to-one mode and one-to-many mode,but in practice,one-to-many mode ismore common and the subject of crime is more extensive.Therefore,this article is mainly aimed at Research on the web porn live in one-to-many mode,and evaluate the behavior of anchors and related webcast platform.The second part evaluates the criminal law of webcasters' activities related to live broadcasting.In judicial practice,according to the different live content and forms of pornographic webcasts of pornographic webcasters,pornographic webcasters of pornographic webcasting pornography are usually found guilty of spreading pornographic materials for profit,organizing pornographic performances,and congregation fornication,but there are many controversies for these three crimes.This chapter combines relevant cases to analyze the controversial points generated during the determination,and discusses that the anchor's behavior involving web porn live may constitute these three crimes,and there are cases of imaginary competition and multiple crimes.The third part evaluates the criminal law of the inaction of the webcast platform.There are many situations in which webcast platform is involved in the case of the web porn live.For example,the actor specially established a live broadcast platform to hire anchors to perform live broadcasts related to pornography.This situation is relatively rare.In practice,it is more common for the webcast platform to participate in the yellow live broadcast in an inaction manner,that is,the webcast platform did not reach an agreement with the anchor about web porn live,but did not fulfill its regulatory obligations.Let it go and do not actively take measures to stop the proliferation of web porn live.Many scholars believe that the network live broadcast platform in this case may constitute the crime of profit from dissemination of obscene articles,the crime of helping the criminal activities of the information network,or the crime of failing to perform the obligations of managing the security of the information network.Aiming at these three crimes,this chapter analyzes objectively and subjectively,and discusses that the inaction of the online live broadcast platform's inaction can indeed constitute the crime of profit from spreading obscene materials,the crime of helping the information network criminal activities,and the crime of refusing to perform the obligations of information network security management.And there are situations of imaginary competition. |
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