Legal or illegal ?
Sep.17, 2008, a guy named Ren Chaoqi from Nanyang, Henan Province, was fined 1,900 Yuan (about 280 USD), because pornographic video clip was digged out in his computer by the local police.
There had been many similiar discussions on legality of browsing or keeping pornographic stuff from the internet in China recent years.
For exemple, a couple watching pornographic video at home was regarded as criminal activity.
The reason why local police fined Mr. Ren was based on the following regulation, “Computer Information Network and Internet Security, Protection and Management Regulations”(计算机信息网络国际联网安全保护管理办法), issued on Dec.30th, of 1997, which says: Article 5.No unit or individual may use the Internet to create, replicate, retrieve, or transmit the following kinds of information:…(6) Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder; …” and “if remedial action is not taken within the specified period, then a fine of not more than 5000 RMB may be assessed against the top management personnel in charge of the area and other persons directly responsible [for the violation] and a fine of not more than 15,000 RMB against the unit;”…
More discussions followed, some people even doubt the legality of the punishment from the local police, occording to the “Law of the PRC on punishments in public order and security administration” (中华人民共和国治安管理处罚法), which was recently issued on Mar.1st of 2006, those who “create, transport, duplicate, sale, rent pornographic books, pictures, videos” could be fined, but it seems not the case of this time.
Is it obvious to know which one to follow, a REGULATION or a LAW ?
