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Criminal Investigation Bureau, National Police Agency

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FAQs

Publish Date：2008-05-21

Update Date：2008-05-21

Units：Criminal Investigation Bureau

Does forwarding pornographic pictures via the e-mail to a multiple number of browsers constitute as distributing the material to unspecified recipients?
Does forwarding pornographic pictures via the e-mail to a multiple number of browsers constitute as distributing the material to unspecified recipients?  (The Criminal Investigation Bureau)
  1. When transmitting the content of pornographic picture via the e-mail on a one-on-one basis, it is reckoned as within the scope of the personal privacy in practical implementation, and also does not constitute as an open spreading act; however, when spreading pornographic pictures via the e-mail (including one that has been programmed with the automatic forwarding function) to specific or unspecific multiple persons, it is deemed as constituting the open spreading critical criterion (refer to the grand judge interpretation No. 145).
  2. On the criminal fact of openly spreading pornographic pictures, the police are able to render the circumstance subjectively from the number of recipients of a forwarded e-mail file.
  3. As to whether the content of pornographic material is considered artistic, for medical or educational purposes to conform to the cause of obstructing illegal matters (refer to the J.Y. Interpretation No. 407 and 617), it is up to the court to render it through a court trial.