Beijing's first "clicks" conviction and sentencing case to draw attention

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4 employees of a telecom technology company in Beijing, in order to keep the company's mobile WAP business, the risk of uploading obscene information, through the page in the temptation to advertise the picture, improve the attractiveness of their services, improve the click Rate, 4 people have been convicted by the court for the spread of obscene materials for profit, respectively sentenced to 5-3 years of imprisonment.

As Beijing's first cause "high clicks" to investigate the criminal responsibility of the relevant personnel cases, this decision aroused high social concern. Authoritative experts analyzed that from the angle of conviction and sentencing, the number of clicks and the dissemination of obscene information should be two important conditions of conviction and sentencing.

In order to improve the mobile WAP clicks, increase the company's revenue, Beijing light point million-dimensional Telecommunications Technology Co., Ltd. Wireless internet Business Department in charge of the Ministry of the company's own staff Yang A, ding and yuan, in the companies through the WAP business upload 28 obscene photos, clicks more than 80,000 times. On the morning of December 20, Beijing Xicheng District People's court, 4 defendants were found guilty of the spread of obscene articles for profit, respectively sentenced to 5 to 3 years of imprisonment, and the light point of the million-dimensional company because of unit crime was recovered illegal income.

It is reported that the Beijing court for the first time because of "high clicks" to hold the relevant personnel criminal responsibility.

After the judge read the verdict, the 4 defendants ' eyes were red, 3 of them considered "overweight" and made it clear that they would appeal.

Legal analysts believe that, compared with the 250,000 times alleged by the prosecution, the court has already seen a significant drop in the number of clicks, and 4 people have been sentenced to more than 10 years of imprisonment for the first session.

The use of mobile phones to spread obscene images are being blamed

It is understood that Beijing light point million-dimensional Telecommunications Technology Co., Ltd. is a mobile phone to provide value-added services company, under the Unlimited Internet Business Department, the defendant Luo MoU is the head of the department, Yang is the department's business manager, the other two enormous a and yuan is the department staff.

From January 1, 2007 to May 9, in order to increase the number of mobile phone WAP business clicks, Luo thought of the provision of pornographic information this "shortcut", said in his own words, in the WAP business to provide pornographic information, in the industry is a common phenomenon.

Luo said that their business needs to rely on the platform of communications operators to spread the content of mobile phones to profit, and operators have their performance assessment, the ranking of 10% of suppliers will be eliminated. In order to keep the company's business and make as much profit as possible, they began to risk uploading obscene information, through the page to publish a seductive picture, improve the attractiveness of their services, improve the click rate.

According to the introduction, in the light of the million-dimensional company, the information uploaded to the network is divided into "color", "not Too color" and "vegetarian" three categories, the company will be based on the performance of WAP business, at any time to adjust the level of upload information to ensure the stability of business volume At the same time, the company will also buy their own consumer cards, click on their own company's page to order their own business, or to protect the company and operators of the business channel, for the future development of the company to retain opportunities.

However, in the procuratorial organs, no matter for what reasons, Luo, Yang, and other people to disseminate obscene information has violated the law. In the lawsuit, the procuratorial organ confirms that the yellow picture which the company uploads has 28, clicks the quantity more than 250,000 times.

According to the "two high" judicial interpretation, the use of Internet and mobile communication terminals for the purpose of disseminating obscene electronic information, and more than 250,000 clicks, is "particularly serious", may be sentenced to more than 10 years imprisonment or life imprisonment, and a fine or forfeiture of property.

The picture "clicks" into the sentencing key

The reporter found that in the trial process, the most mentioned words are "clicks", which not only represents the mobile phone content provider's profit amount, but also determine the fate of 4 accused.

Sure enough, during the trial, 4 defendants were unanimous in objecting to the number of clicks over 250,000 times. The reason is, in the "250,000 times" clicks, a large part of the Dine company to "click", should not be counted in the conviction of the "click Amount" of sentencing.

In response to defenders ' comments, the Court has identified the number of clicks. In charge of the accreditation of the National Information Center electronic Data Forensic Identification Center, in the process of identification of 28 obscene pictures clicks, according to the specific mobile phone model and specific Internet IP, will be for testing equipment and Web page performance and the number of page clicks are excluded. At the same time, considering that all the picture requests that make up a page are sent centrally, all the same devices will be passed through the same internet in 60 seconds.

The IP address sends the picture request to the server to consider by the page clicks, accordingly calculates the page clicks the quantity to be 82,973 times. This figure eventually became the basis for the court's conviction and sentencing. As a result, the sentence of 4 accused has been lowered to the current 5 to 3 years of imprisonment.

In the trial, the defender also suggested that the defendant's actions were performed under the company's arrangement. Although Yuan MoU admits that 28 pictures are handled by her hand, but all her work is arranged by her colleague Ding, she doesn't know how those pictures are uploaded to the Internet. Another 3 people said that they do not know how to upload obscene pictures, and all said that their behavior is in accordance with the company's work arrangements, not out of their own subjective ideas, even if the company gained more benefits, they are only a fixed salary.

In the opinion of the public prosecution organ, although the benefit of the 4 defendants in disseminating obscene information is all attributable to the company, the law does not require that the crime of making profits for the illegal dissemination of obscene articles must be considered as the premise of profit, so the defendant's behavior can also constitute this crime.

"Clicks" conviction and sentencing again cause concern

Although 4 defendants in the process of uploading and disseminating 28 pornographic images, knowing that they were behaving incorrectly, they did not realize that they were committing a crime and did not expect the consequences to be so serious. After hearing the judge read the verdict in court, the principal Luo MoU can't help sighing a sigh, the other 3 people's mood is more excited, all said to the sentencing result is difficult to accept.

It is understood that the "two high" judicial interpretation of the provisions, dissemination of obscene electronic information, the seriousness of the standard is the number of clicks, the number of clicks reached 10000 can constitute a crime, the number of clicks reached more than 50,000, then identified as "serious plot", the number of clicks reached more than 250,000, will be identified as "the plot is particularly serious."

It is understood that in 2004, Sichuan has heard the impact of a wide range of "network pornography first case", the yellow site responsible for the spread of obscene materials Deng was sentenced to 1 years of imprisonment for 6 months. In the trial process of the case, the public prosecution organ is also based on the number of clicks as the main crime. In sentencing, the court pointed out that according to the existing network technology, a person can click on a picture many times, clicks and the number of people can not be equated. Therefore, the clicks and the profit amount should be two important conditions of conviction and sentencing.

Xingliang, a professor of criminal law at Peking University, agrees. He believes that the amount of clicks can indeed reflect the extent of the spread of criminal behavior. However, the concept of clicks can not be equated with the actual number of clicks, the number of clicks from the same source should be combined, that is to say, it should be more accurate to determine the spread of the range of clicks. On the other hand, the number of obscene information uploaded by the perpetrator should also be used as a reference condition for sentencing, sometimes it may upload a very small amount of information, but it has triggered a huge number of clicks, it is possible that the perpetrator uploaded a large amount of obscene information, but the click rate is not high. Therefore, from the angle of conviction and sentencing, we should consider the two synthetically.

In the judicial interpretation of this standard of sentencing, there are a large number of people in practice that should be sentenced strictly according to law. Chanleyang, a famous criminal defense lawyer, put forward that the number of clicks and the actual number of clicks 250,000 or 250,000 people, the adverse social impact of the difference is not big. And lawyers believe that the number of clicks in the case as a measure of the size of the social harmfulness is appropriate. Because the network is a special media, through the network spread unhealthy content of the harm and influence, than the conventional channels of the harm more.

Experts interviewed by reporters generally believe that the case has a warning significance. In the Internet environment of the Society, a certain act of carelessness, may bring a series of adverse social consequences, and even bring the perpetrator to prison. Like the case of the alleged crime is a college educated intellectuals, let people regret. It can be said that the uploading of pornographic photos of the cognitive ability is still there, but often because of the lucky, just knave. Therefore, for these possible laws of the picture, text, whether with curiosity, ridicule or mischief and even crime mentality, should consider the consequences of the matter.

Related votes: Do you think it is reasonable to convict a sentence according to the amount of clicks?