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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

When placing pornographic pictures on a blogger website and locked with encryption, does it constitute as distributing to unspecified recipients?
When placing pornographic pictures on a blogger website and locked with encryption, does it constitute as distributing to unspecified recipients?  (The Criminal Investigation Bureau)
  1. In practical implementation, it is reckoned that open websites are part of the open venues, whereas blogger websites placed with pornographic pictures and complete with password installed, where most general persons are unable to access it to browse the content, which fall under a private domain, thus do not constitute as the critical element of obstruction of decency per the Criminal Code; however, if pornographic pictures are stored in accessible place, where unspecific major of people can willfully access it, it is deemed as constituting the critical elements of an open display (refer to the J.Y. Interpretation No. 145).
  2. The case’s reference legal provisions:  Article 235 of the Criminal Code – the obstruction of decency crime of “those spreading, broadcasting or selling pornographic text, graphic, audio, video or other articles, or openly display, or resort to other means for others to brose, see and hear, are punishable by an imprisonment term of up to two years, detention, or the levy or a combined levy of a penalty of up to thirty thousand dollars”.