Interim Provisions of Shanghai Municipality on Banning Harmful Publications

Article 1 In order to guarantee the construction of socialist spiritual civilization, maintain social order, promote the prosperity and healthy development of the cultural market, stop the poisoning of harmful publications to the people, and protect the physical and mental health of the people, especially minors, these Provisions are formulated in accordance with relevant state laws and regulations. Article 2 The term "harmful publications" as mentioned in these Provisions refers to publications whose content is reactionary, obscene, pornographic, exaggerating murder and violence, and propagating feudal superstitions. The scope of publications includes books, newspapers, magazines, pictures, picture albums, calendars, video tapes, audio tapes, movies, TV films, slides and other audio-visual products and printed promotional materials. Article 3 These Provisions shall apply to all harmful publications within the scope of this Municipality. Article 4 A reactionary publication refers to a publication that aims at opposing the people's democratic dictatorship and the socialist system and has one of the following contents:

(1) against the leadership of China and China;

(2) attacking People's Republic of China (PRC) and opposing the socialist road;

(3) attacking and vilifying the people's democratic dictatorship;

(4) Denying the guiding position of Marxism-Leninism and Mao Zedong Thought;

(5) Seriously distorting historical facts, advocating ethnic and racial division and vilifying the Chinese nation. Article 5 Obscene publications refer to publications that highlight obscenity as a whole and have one of the following contents, which can arouse people's sexual desire and lead to the degeneration of ordinary people, but have no artistic or scientific value:

(1) describing and showing sexual intercourse and its psychological feelings in an obscene way;

(two) obscene description and display of male and female organs;

(three) obscene description and display of sexual skills;

(4) The specific means, process or details of describing and expressing incest, rape, fornication or other sexual crimes;

(5) Describe and show children's sexual behavior;

(six) obscenity, specific description and display of homosexual acts or other sexual anomalies, or specific description and display of violence, abuse and insult related to sexual anomalies;

(7) explicit sexual images;

(eight) other descriptions and displays of sexual acts that are intolerable to the general public and violate public morality. Article 6 Obscene publications refer to publications that are not obscene as a whole, but have the contents specified in Items (1) to (8) of Article 5 of these Provisions, or have one of the following contents, which are harmful to the physical and mental health of the general public, especially minors, and lack artistic or scientific value;

(1) Describing or expressing the theme of seduction, adultery and prostitution;

(2) Showing all kinds of nude postures of men and women in a provocative way;

(3) Others, although not obscene, have serious adverse effects on social atmosphere. Article 7 Murder and violence publications refer to publications that exaggerate terrorist cruelty in a harmful way and have one of the following contents, which are beyond the psychological endurance of ordinary people:

(a) Specific descriptions and demonstrations of excessive murder and violence;

(2) Description and expression of cruelty aimed at hurting human nature. Article 8 Feudal superstitious publications refer to publications with one of the following contents but no artistic or scientific value:

(a) to introduce fortune telling, fortune telling, geomantic omen and divination methods as the main content;

(2) Propagandizing to pray for divination and exorcise ghosts to treat diseases;

(three) other propaganda against science, ignorance and absurdity, and spreading superstitious rumors, which are harmful to society.

Religious publications published in accordance with national laws, regulations and policies are not feudal superstitious publications. Article 9 A publication under any of the following circumstances is not obscene or pornographic:

(a) works on human anatomy and physiology, reproductive knowledge, disease prevention and other sexual knowledge, sexual morality, sexual sociology and other natural and social sciences;

(2) Works of art, photographs and other works of art that express the beauty of the human body;

(3) Literary and artistic works that contain obscene and pornographic contents, are generally healthy and beneficial, and have artistic value.

The publications mentioned in the preceding paragraph shall be published in accordance with the relevant administrative regulations of the state and this Municipality. Article 10 Whoever makes (including copying, the same below), sells (transports), rents or disseminates reactionary publications, in addition to confiscating the publications and illegal income, the public security department may carry out reeducation through labor for individuals; For the unit, the administrative department of industry and commerce, press and publication, radio and television, film or culture may impose a fine of less than 5 times the total price of publications or less than 30 thousand yuan. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Eleventh production, trafficking (transportation), rental, dissemination of obscene publications, in addition to the confiscation of publications and illegal income, individuals, by the public security department in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security" punishment; For the unit, the administrative department of industry and commerce, press and publication, radio and television, film or culture may impose a fine of less than 5 times the total price of publications or less than 30 thousand yuan. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Twelfth production, sale (transportation) or rental of obscene publications, in addition to the confiscation of publications and illegal income by the administrative departments of industry and commerce, press and publication, radio and television, film and culture, individuals can be fined up to 3000 yuan; Units may be fined less than 1 10,000 yuan or less than 3 times the total price of publications. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.