On The Criminal System Of Online Pornography Live Broadcasting

With the vigorous development of Internet technology in today’s society,the online live streaming industry came into being and has developed rapidly in recent years,but at the same time,various new illegal and criminal acts in the live broadcast industry have also emerged.One of the typical criminal methods is to use the live broadcast platform for pornographic performances,criminals take a fancy to the characteristics of the online live broadcast industry such as low entry threshold and fast money,and choose to add pornographic performance content as a highlight in the live broadcast to attract traffic and obtain a large number of illegal benefits.This article strives to make a reasonable distinction between the various actors in the crime of online pornography live streaming to the greatest extent possible,and strictly grasp the objective interpretation boundary of the relevant crimes.In the first part of the article,the author analyzes and sorts out the nature and characteristics of online pornography live broadcasting,objectively defines online pornography live broadcasting,and argues the necessity that online pornography live streaming should be regulated by criminal law.In the second part of the article,we mainly discuss several common criminal laws and regulations related to the crimes touched on by online pornographic live broadcasting.In terms of crime,this article first affirms that online pornographic live streaming constitutes the crime of spreading pornographic materials for profit,and discusses the identification criteria of the two objective factors of"dissemination" and "obscene materials",and denies the traditional view that "obscene materials" must meet the characteristics of repeatable viewability.This article also advocates that when multiple performers perform with obscene content in the same live broadcast room at the same time,the crime of gathering a crowd to commit sexual immorality should be established,affirming that in the crime of gathering a crowd for fornication,the openness of "online virtual space" and "real space" is consistent.Finally,this article discusses the types of "organizing" acts and the identification of "obscene performances" for the crime of organizing obscene performances.In the third part of the article,the criminal liability of participants in online pornography live streaming is discussed.By clarifying the criminal responsibilities of all relevant participants in online pornographic live broadcasting,the relationship between criminal law human rights protection and legal protection functions is coordinated to the greatest extent.