What is the legal basis for a man being sentenced for using AI to write pornographic novels for profit?
Recently, the People's Court of Daye City, Hubei Province, tried a high-profile case. The defendant, Ke, was sentenced to ten months in prison and fined 5,000 yuan for using artificial intelligence (AI) technology to write pornographic novels for profit, and was also required to return the illegal gains. This verdict not only demonstrates the law's strict crackdown on illegal activities using new technologies but also has sparked widespread public discussion on the compliant use of AI technology.
Case Background
According to the prosecution's accusation, from November 2022 to March 2023, Ke used AI programs to write pornographic novels for profit. He published these novels on overseas adult websites through VPN software and sold them on another website. Within just five months, Ke published and sold dozens of pornographic novels (some reports say about 760 pieces/times), illegally earning more than 20,000 yuan. Upon appraisal, the seven submitted novels were all identified as pornographic material. After the case was uncovered, Ke's family returned more than 20,000 yuan on his behalf.
Legal basis
Ke was subjected to legal sanctions primarily based on Article 363 of the Criminal Law of the People's Republic of China. This article stipulates: 'Whoever, for the purpose of profit, produces, copies, publishes, sells, or disseminates obscene materials shall be sentenced to fixed-term imprisonment of up to three years, criminal detention, or public surveillance, and shall also be fined; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of more than three years but not more than ten years, and shall also be fined; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall also be fined or have their property confiscated.'
In this case, Ke's actions fully meet the constitutive requirements stipulated in the aforementioned legal provisions. He, for the purpose of profit, used AI technology to produce, sell, and distribute obscene materials, and the amount of illegal profit was relatively large, which has already constituted the crime of producing, selling, and distributing obscene materials for profit.
Judgment Result and Significance
The court, after trial, held that Ke's actions seriously violated the relevant laws and regulations of our country and had a negative impact on social conduct. Although Ke, after being brought to the court, truthfully confessed to his criminal facts, voluntarily pleaded guilty and submitted to punishment, and returned illegal gains, which could be grounds for a reduced sentence and lenient treatment under the law, the court still legally sentenced him to ten months of fixed-term imprisonment and fined him 5,000 yuan.
This ruling is not only a punishment for Ko's individual illegal behavior, but also a warning against using AI technology for illegal activities. With the rapid development of AI technology, its applications in fields such as literary creation and artistic design are becoming increasingly widespread. However, rapid technological advancement does not mean that laws, regulations, and public morality can be ignored. Using AI to generate, sell, or disseminate obscene content not only violates the law but also poses a risk to the mental and physical health of young people, with significant social harm.
Appeal and Warning
The presiding judge pointed out after the verdict that relevant departments should strengthen the supervision of AI technology applications and clarify the legal boundaries of technology use. At the same time, enterprises and developers are encouraged to apply AI technology in legal and healthy fields, promoting a balance between technological innovation and social responsibility.
In addition, the prosecutors handling the case also reminded AI developers, users, and related platforms to strengthen self-discipline and establish sound content review mechanisms. Platforms have the responsibility to prevent the spread of illegal content, and individuals should consciously comply with laws and regulations and refrain from illegal creation. While enjoying the convenience and innovation brought by AI, citizens must uphold the bottom line of the law and work together to create a healthy, harmonious, and law-abiding online environment and social order.
In summary, the case of a man being sentenced for profiting from writing pornographic novels using AI is not only a punishment for individual illegal behavior but also a warning to society as a whole. While enjoying the convenience brought by AI technology, we must always keep in mind the constraints of laws and regulations to ensure the compliant use of technology.
