Research On The Criminal Regulations Of Internet Pornography Live Broadcasting

With the rapid development of Internet,some lawbreakers target at the low-cost and large-yield features of live stream,to acquire illegal income with pornographic content.This paper is aimed to explore the legitimacy of regulation on pornographic live stream,in order to provide some reference for the criminal regulation.Firstly,the paper provides overview of the criminal regulation on pornographic live stream,studies the nature and features of pornographic live stream and compares them with those of conventional naked chat,defines pornographic live stream,determines that the legal interest infringed by pornographic live stream is social order,and demonstrates the necessity of criminal evaluation for pornographic live stream.Secondly,the paper discusses the forms of criminal regulation on pornographic live stream.It is demonstrated in the paper that pornographic live stream constitutes the crime of spreading obscene articles for profit,at three aspects including“obscenity”,“obscene article”,and “spreading”.The feature stated in past opinions that an obscene article can be repeatedly watched is denied.It is confirmed that pornographic live stream constitutes the crime of assembled pruriency and the crime of organizing an obscene performance when multiple viewers exist.The determination of “assembling”,“space”,“ringleader”,types of “organizing act” and“organizer” is demonstrated.It is demonstrated and confirmed that in the above two crimes,“cyber space” is consistent with “real space”.And it is denied that body contact is the essential condition of the crime of assembled pruriency.Thirdly,the paper discusses the criminal responsibility of a subject of participation in pornographic live stream.It is confirmed that the host of pornographic live stream constitutes the crime of spreading obscene articles for profit.The paper introduces there are two subjects,brokerage company and culture company.A brokerage company shall bear secondary responsibility for providing promotion for and assistance to the pornographic host,and a culture company constitutes the crime of spreading obscene articles for profit and the crime of organizing an obsceneperformance for employing the host to perform.However,it is denied that such culture company constitutes the crime of assembled pruriency;the live stream platform is technically neutral if providing no support for the obscene performance,or constitutes the principal offender in any information network crime for providing assistance.In contrast,it shall be identified as the accomplice of the pornographic host.The room managers are divided into two categories according to their behaviors.It is believed in the paper that the one performing its functions actively constitutes the crime of spreading obscene articles for profit and the one passively constitutes the crime of assembled pruriency.Finally,it is considered that a subject of participation in pornographic live stream shall bear different criminal responsibilities according to the situation.If a subject committing multiple crimes with one act constitutes the imaginative joiner of offense,it shall be punished by the most serious crime.