[6] Internet celebrity fined for filming vulgar street videos: Does vulgar content cross the red line of criminal offenses?
[2] Recently, three internet influencers, in an attempt to gain traffic, filmed short videos containing vulgar actions and explicit dialogues in a busy urban area. They were caught on the spot by police and subjected to administrative penalties. The incident quickly sparked public debate: Does filming vulgar videos constitute a criminal offense? How does the law define the boundary between "vulgar" and "illegal"? This article delves into this controversial focus by analyzing legal provisions and judicial practice.
[3] 1. Event Review: The Legal Red Line Under the Traffic Frenzy
[4] According to police reports, the three influencers designed vulgar scenarios such as "approaching strangers" and "pretending to fall and exposing legs" in public places to attract attention. After the videos were released, they garnered over a million clicks. Their actions violated the Public Security Administration Punishments Law, resulting in 10 days of administrative detention and a fine of 500 yuan.
[5] Point of Contention: If the video content escalates further, could it lead to criminal penalties?
II. Legal Definition: Vulgar ≠ Obscene, but May Violate Criminal Law
Chinese law has significant differences in the definition and punishment of "vulgar" and "obscene" content:
Vulgar Content
Legal Basis: The "Regulations on the Ecological Governance of Online Information Content" explicitly prohibits "vulgar, crude, and kitsch" content.
Penalties: Typically, the cyberspace administration orders rectification or removal of videos, or imposes administrative detention and fines under Article 68 of the "Public Security Administration Punishments Law."
Obscene Content
Criminal liability: If the video contains "specific depictions of sexual acts or explicit promotion of pornography," it may involve the crime of producing, reproducing, publishing, selling, or disseminating obscene materials for profit (Article 363 of the Criminal Law), facing penalties ranging from up to three years in prison to life imprisonment.
Key distinction: Whether the intent is for profit, whether the content is "overall obscene," and the scope of dissemination.
III. Three "Red Lines" of Criminal Offenses
Filming vulgar videos that touch upon the following circumstances may constitute a criminal offense:
Crime of disseminating obscene materials
Conviction standard: The video contains "sexual intercourse scenes" or "explicit sexual descriptions," and profits are made through payment, advertising, or other means.
Typical case: A livestreamer was sentenced for "strip-tease dancing" and inducing tips, as the video contained obscene content.
Crime of picking quarrels and provoking trouble
Applicable scenario: Filming vulgar content in public places causing onlookers, traffic jams, and disrupting social order.
Judicial practice: A livestreamer was sentenced for filming a "fake fall exposing underwear" video at a subway station, which caused a crowd disturbance.
Infringement of others' rights
Legal risk: If the video involves secret filming or insulting others, it may constitute the crime of infringing on citizens' personal information or the crime of insult.
IV. The "Critical Point" Between Administrative Penalties and Criminal Penalties
| 类型 | Behavioral Manifestations | Legal Consequences |
|---|---|---|
| Administrative Penalties | Vulgar language, revealing but not explicit attire | Detention, fines, account suspension |
| Criminal penalties | Contains sexual intercourse scenes, large-scale dissemination for profit | Fixed-term imprisonment of not less than three years, and a fine |
V. Legal Warning: The Untouchable Bottom Line of the Influencer Economy
For creators
Content review: Establish a "three-review and three-proofreading" mechanism to avoid pushing the boundaries.
Legal risk training: Study relevant provisions of the Cybersecurity Law and Criminal Law.
For platforms
Technical interception: Use AI review to filter vulgar content.
Joint liability: If illegal content is knowingly left unaddressed, joint liability may be incurred.
For the public
Actively report: If you find vulgar content, you can file a complaint with the Cyberspace Administration or the public security department.
Rationally examine: Refuse to contribute traffic to vulgar content.
Conclusion: In the era of traffic, the law is the final brake.
The punishment cases of three internet celebrities warn: Vulgarity may bring short-term traffic, but it will ultimately come at a legal cost. The boundary between "vulgarity" and "obscenity" in law is becoming increasingly clear, and creators need to find a balance between innovation and compliance. The internet is not a lawless place; only by upholding the bottom line of public order and good customs can one achieve long-lasting "popularity."
