"Restaurants blatantly play indecent videos?" In Minhang, Shanghai, the enlarged screen of a well-known restaurant chain appeared on the outer enlargement screen. I saw a woman wearing no clothes and scratching her head. Passing customers saw this picture and stopped. Some customers took out their mobile phones and took pictures of this picture, and some customers covered their children's eyes and ran away.
Restaurant staff saw more and more customers stopping to watch, and they were all looking up at the big screen of their homes, and they were also confused. Then he looked up and was stunned. The staff immediately unpluged the power supply to the screen, and the crowd dispersed. The restaurant immediately conducted an internal investigation of the employees and did not find any use of mobile phones.
The store suspected that someone had maliciously cast the screen, so it immediately reported to the police. At present, the restaurant is cooperating with the police to collect relevant evidence for further investigation. (Source: The Paper)
Who did this? Such a lack of morality! Playing indecent videos in public, and the presence of minors, is a very bad behavior.
The 10-second-long indecent video was placed on the restaurant's external screen. Is that a malicious competition, or is there someone playing around?
Some netizens said that it must be cast by internal employees, how can others put it on the big screen of the restaurant?
In fact, the screen delivery function only needs to be in the same WIFI environment, you can directly cast the screen, without any permission. Therefore, in addition to the staff of the store, it is possible to cast the screen, that is, customers who have connected to the WIFI of the store, or competitors to maliciously make it bad.
Fortunately, the store said that the screen projection is recorded and can generally be maintained for 4 hours. That being the case, I'm sure the police will soon be able to lock in the suspect.
So, legally speaking, how should this behavior be determined by putting indecent videos on the outside screen of the store?
I believe that the person's conduct is certainly illegal, but it does not yet constitute a crime.
What do you mean by that? In judicial practice, the public release of indecent videos is an act of disseminating obscene materials. As for whether it constitutes a crime, the following conditions generally need to be met:
1. Spreading obscene materials to others more than 300 to 600 times;
2. The number of obscene videos disseminated reaches more than 40;
3. The actual number of views of obscene videos reaches more than 20,000 times;
4. Causing a bad impact on society.
According to the provisions of the Criminal Law, whoever commits the crime of disseminating obscene materials shall be sentenced to fixed-term imprisonment of not more than 2 years, criminal detention or public surveillance. Whoever disseminates obscene materials to minors shall be given a heavier punishment.
Specific to this case, the indecent video was played for about 10 seconds. Judging from the videos released by the media, the customers who pass by this restaurant and see indecent videos obviously do not reach more than 300 people. Therefore, the behavior of the person who put this indecent video has not yet reached the level of crime.
However, the mainland's "Public Security Administration Punishment Law" also clearly stipulates that those who use information network technology to spread obscene materials shall be detained for 10 to 15 days and may also be fined up to 3,000 yuan.
It is worth noting that in the above provisions, there is no need to consider the number of obscene materials, the number of times, and the number of viewers. As long as obscene material is disseminated to the outside world, it is an illegal act and should be punished.
Of course, if the person who deliberately spreads obscene videos in an attempt to disturb public order is just to seek excitement, then his behavior is a matter of picking quarrels and provoking trouble.
According to the provisions of the Law on Public Security Administration Punishments, if there are two or more administrative violations, the police shall separately determine and punish them together, but the maximum period of detention shall not exceed 20 days.
Finally, we would like to remind those customers who filmed this indecent video at the scene to either delete the video they took, or store it themselves, and never carry out secondary transmission, which is illegal.
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