General Administration of Press and Publications
All provincial, autonomous region and municipal press and publications bureaus, the Xinjiang Production-Construction Corps Press and Publications Bureau
According to the requirements of the Central Propaganda Department, Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Information Industry, Ministry of Public Security, State Administration of Industry and Commerce, General Administration of Press and Publication and State Council Legal Affairs Office “Notice concerning Printing and Distributing the ‘Work Plan for the Special Campaign to Attack Obscene and Sexual Voicemail'” (XBLD No. 295), our Administration formulated the “Provisional Regulations concerning Appraising Obscene and Sexual Voicemails”, and is hereby published and issued for implementation.
General Administration of Press and Publication of the People’s Republic of China
31 January 2005
Provisional Regulations concerning Appraising Obscene and Sexual Voicemails
Article 1: Voicemail as named in these Regulations, refers to audio disseminated using fixed-network telephones, and other information.
Article 2: Obscene voicemail refers to audio propagating the following content throughout, sufficient to provoke or seduce common people into engendering sexual desire:
(1) obscenely and concretely describing sexual acts, intercourse and their psychological effects;
(2) obscenely describing or passing on sexual technique;
(3) concretely describing incest, rape or other sexual criminal methods and processes or details;
(4) concretely describing intercourse among minors and children, or concretely describing adults having sexual intercourse with minors and children;
(5) obscenely and concretely describing sexual acts of homosexuals or other perverted sexual acts;
(6) concretely describing violence, abuse and humiliating acts related to sexual perversion;
(7) obscenely and prominently describing genitalia;
(8) obscenely transmitting sounds related to sexual activities;
(9) other obscene descriptions that average persons cannot tolerate, related to sexual acts and genitalia.
Article 3: Sexual voicemail refers to audio containing some obscene content, that is harmful to the physical and mental health of average persons and especially minors, and other information.
Article 4: Describing fine art works expressing the beauty of the human body, introducing literary works having artistic value, dissection or physiological knowledge as well as birth knowledge related to the human body, disease prevention and other knowledge, sexual morals, sexual sociology and other natural science or social science works, do not fall under obscene or sexual voicemail.
Article 5: Upon receiving requests from the public security departments, telecommunications management departments, etc., the General Administration of Press and Publications or provincial, autonomous regions and municipal administrative press and publications departments conduct appraisal of obscene and sexual voicemail.
Public security departments, telecommunications management departments and other departments requesting the General Administration of Press and Publications or provincial, autonomous regions and municipal administrative press and publications departments to appraise obscene or sexual voicemail, must submit an appraisal entrustment letter indicating the name of the case, the name of the voicemail platform, the time and length of the selected voicemail, and at the same time must provide sufficiently clear and long voicemail material.
The General Administration of Press and Publications or provincial, autonomous regions and municipal administrative press and publications departments shall organize a, obscene and sexual voicemail appraisal committee composed of experts or appoint a special organ to undertake obscene and sexual voicemail appraisal work.
The obscene and sexual voicemail appraisal committee or the appointed special organ conducts appraisal of the provided material on the basis of the entrustment letter of the public security department or telecommunications management department, produce an appraisal letter and submit this to the entrusting public security department, telecommunications management department or other department.
Article 6: Average persons as named in these Regulations refers to adults that are regular physiologically and psychologically.
Article 7: The General Administration of Press and Publications has the responsibility for interpreting these Regulations.
Article 8: These Regulations take effect on the date of promulgation.