Notice concerning Implementing the State Council “Regulations concerning Strictly Prohibiting Obscene Goods”
GF No. 30
All provincial, autonomous region and municipal public security offices and bureaus.
The “Regulations concerning Strictly Prohibiting Obscene Goods” promulgated by the State Council on 17 April 1985 is an important administrative regulation protecting the popular masses from receiving spiritual opium and poison, all localities’ public security organs must earnestly implement them, determinedly attack criminal activities of smuggling, producing, selling and organizing the dissemination of obscene products, and ruthlessly stop these evil ways. Hereby, the relevant matters concerning public security organs’ implementation of this State Council regulation are notified as follows:
I, In the initial stage of the uniform operation to strictly attack grave criminal offences, all localities’ public security organs have already conducted attacks against criminal activities of production and organizing dissemination of obscene video tapes, and have achieved effects. But afterwards, there has been some slackening, and all localities’ work development situation is also unbalanced. Some localities either do not understand the situation or their attack is not forceful, and they have not touched this sort of criminal activities as much; there are also some localities that have broadened the scope of attack a bit, and the phenomenon of overcautiousness in the process of rectification has emerged again. We certainly must fully understand the grave poison and the necessity of persisting in attack, and unify thoughts and actions around the State Council “regulations”. Suppression work must both persist in earnestness and may also not broaden the scope of attack. At present, in the face of the situation that criminal activities of smuggling, productions, peddling and organization the dissemination of obscene goods (and especially obscene video tapes) being extremely rampant, all localities may, on the basis of reconnaissance and investigation, and grasping conclusive proof of the crime, and integrating the campaigns and operations on strictly attacking grave criminal offences, strictly attack and heavily and quickly punish them.
II, The State Council document provides that suppression work of obscene goods is to be led uniformly by local People’s Governments, and all relevant departments are responsible for their own duties. The tasks and duties of public security organs are to, jointly with procuratorates and courts, persisting in punishing the criminals committing crimes listed in the “Regulations” according to the law, as well lawbreakers that should be given public order punishment; strictly managing the obscene goods captured during case handling as well as those submitted to the public security organs for processing by other departments.
III, The criminal responsibility of criminals smuggling, producing, peddling and organizing the dissemination of obscene goods, with grave circumstances and constituting a crime, must be investigated according to the law. What is called grave circumstances refers to:
(1) smuggling, production (including reproduction), peddling and organizing the dissemination of relatively large quantities of obscene goods;
(2) organizing or commanding production, peddling and distribution of obscene goods behind the scenes;
(3) utilizing obscene goods to intentionally abet crimes by other persons or disseminating obscene goods of minors of less than 18 years old;
(4) utilizing the conveniences of work position or managing equipment for reproduction or dissemination of obscene goods;
(5) openly or secretly disseminating obscene products after the issuance of the State Council “Regulations Concerning Strictly Prohibiting Obscene Goods“; or providing dissemination venues when it is clearly known to concern obscene goods.
Those reproducing, selling, renting out or disseminating obscene goods, with relatively light circumstances, must be subject to public order punishment of subject to administrative punishment by the controlling department.
IV, Public security organs must continue to strictly implement the Ministry of Public Security “Notice Concerning Preserving and Dealing with Obscene Goods” of December 1983, concerning obscene goods that they capture, and realistically strengthen management. All levels’ public security organ leading comrades must appoint old security cadres with good ideology, a good work style and a strong sense of responsibility to be responsible for preservation and dealing work of obscene goods, implement a two-person responsibility system, and it is strictly prohibited for unauthorized personnel to come into contact with this sort of products.
V, Concerning the scope of suppressing obscene goods, it is necessary to implement the State Council provisions, and it is not permitted to set up standards on one’s own.