Network Operator Standard Anti
Network Operator Standard Anti
Network Operator Standard Anti
To combat pornographic sites, pornographic Web site to cut off the interest chain behind to address the judiciary in the application in September 2004 promulgated the "on the handle using the Internet, mobile communication terminals, voice platform production, reproduction, publication, sale, dissemination of pornographic Electronic Information on the specific application of the law in criminal cases, the interpretation of a number of issues "(hereinafter referred to as" judicial interpretation ") encountered in the chain against the interests of the lack of clear legal basis for such issues, the Supreme People's Procuratorate jointly developed" on the handle using the Internet mobile communications terminal, voice platform production, reproduction, publishing, selling, distributing pornographic electronic information in criminal cases, the application of law issues in the interpretation of (b) "(hereinafter referred to as" judicial interpretation (b) "), and in the February 4, 2010 come into effect.
For the implementation of the "judicial interpretation (2)", the author focuses on three major areas of analysis for carriers operating in the reference.
Content class business impact and measures
"Judicial interpretation (b)" the first paragraph of Article IV: The profit for the purpose of the site creator, is directly responsible for making managers aware of others, copying, publication, sale or distribution of obscene electronic information is to allow or all others in their own laissez-faire, management, posted on the website or web page conforms to the law the circumstances, to spread pornographic material for profit convicted and punished.
Of the Crime of view, which states that the "dissemination of pornographic material for profit" in the subject of crime is the site creator, is directly responsible for the management; the subjective aspect of knowledge, that is, deliberately, but also have interests in order to seek purpose; the objective aspect of crime is allowed or allows himself to all others in the management of the site or web page publishing obscene electronic information, which is not as; criminal object is to prejudice the Social Management of Order.
To avoid legal risks, the following measures should be taken :
First, the website (web and wap) operations (including film, television, music action comics, games, BBS, etc.) the legality of the content (including prevention, gambling, drugs, cults, etc) and risk prevention should be in accordance with the more sophisticated mode of work, processes and related systems, make legitimate content published audit upload content and non-standard clean-up, and make relevant records. Against all others in their management of the site or web page publishing production, reproduction, publication, sale, dissemination of obscene electronic information.
Second, short message service management should focus on doing the business content of messages and other audit work, do send the contents of the audit, and make the business platform for key words database management and filter control to send MMS and the theme Random checks of multimedia content, message content to prevent the spread of obscenity.
Third, ring tones, love music and telephone information services business has its own work pattern and content of the review process has not been established for content review processes and mechanisms of business should be retained in the business of existing records and and gradually build workable legal risk prevention system.
Of the access class of business impact and measures
"Judicial interpretation (b)" Article VI: "telecom operators, Internet service providers know that is pornographic website, is still to provide Internet access, server hosting, online storage, communications, transmission channel, on behalf of the charges for services and charge a service fee, the directly responsible person in charge and other directly responsible personnel, Criminal Law Article 63 in accordance with the provisions of paragraph, to spread pornographic material for profit convicted and punished. "
Of the Crime of view, which states that the "dissemination of pornographic material for profit" crime is the main telecom operators, Internet service providers; crime is subjective knowledge, that is, deliberately, but also have interests in order to seek The purpose of the service fee is charged; objective aspect of crime is a pornographic Web site to provide Internet access, server hosting, online storage, communications, transmission channel, collecting fees, service is an act, and act to achieve a certain result will constitute a crime, which must be for five or more pornographic web site provides Internet access, server hosting, online storage, communications, transmission channel, on behalf of the charge, or provide Internet access to pornographic Web site, server hosting, online storage, communications, transport access services, service charge above the amount of 20,000 yuan, it constitutes a crime, or does not constitute a crime, is a result of guilty; criminal object is to prejudice the Social Management of Order.
"Judicial interpretation (b)" Article VIII: "the implementation of Article IV to Article VII of the act, one of the following circumstances, the perpetrator should be found 'knowingly', but there is evidence that really do not know, except: (a) inform in writing the administrative authorities even after the implementation of the above acts; (b) After receiving the report fails to perform duties of statutory management; (c) to provide Internet access to pornographic Web site, server hosting, online storage, communications, transmission channel, on behalf of the fees, settlement costs and other services, service charge higher than market prices; (d) to pornographic web sites of Advertisement , Ad click rate was abnormal; (e) other acts knowingly to identify the case. "
Telecommunications business operators engaged in business first class access to audit clients are engaged in business for the government approved the main body, and second, to fulfill the content web site or transmit pornographic content are reported as the legal obligation when you can. To avoid legal risks, should take the following measures:
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