Interim Provisions of Shanghai Municipality on Banning Hazardous Publications (Revised in 1997)

article 1 these provisions are formulated in accordance with the relevant laws and regulations of the state in order to ensure 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 people, and protect the physical and mental health of the people, especially minors. Article 2 The term "harmful publications" as mentioned in these Provisions refers to publications whose contents are 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, films, 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 reactionary publications refer to publications aimed at opposing the people's democratic dictatorship and the socialist system and having one of the following contents:

(1) opposing the leadership of the China * * * production party and the China * * * production party;

(2) attacking the People's Republic of China 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 national and ethnic division, and vilifying the Chinese nation. Article 5 Obscene publications refer to publications that highlight obscenity on the whole, have one of the following contents, arouse people's sexual desire, which is enough to lead to the corruption of ordinary people, but have no artistic or scientific value:

(1) specifically describe and show sexual intercourse and their psychological feelings in an obscene way;

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

(3) obscene description and display of sexual skills;

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

(5) Describe and show the sexual behavior of children;

(6) obscene and specific description and display of homosexual sexual behavior or other sexual abnormal behavior, or specific description and display of violence, abuse and insult related to sexual abnormal behavior;

(7) explicit promotion of lewd images;

(8) description and display of other sexual behaviors that are intolerable to ordinary people and violate social morality. Article 6 Pornographic publications refer to publications that are not obscene on the whole, but some of them are stipulated in Items (1) to (8) of Article 5 of these Provisions, or have one of the following contents, which are toxic to the physical and mental health of ordinary people, especially minors, and lack artistic or scientific value;

(1) describing or displaying the theme of seduction, adultery and prostitution;

(2) Teachingly displaying various nude postures of men and women;

(3) Others, although not obscene, have serious adverse effects on social atmosphere. Article 7 A publication of murder and violence refers to a publication that exaggerates the horrible and cruel acts in a harmful way and has one of the following contents, which is beyond the psychological endurance of ordinary people:

(1) Describing and showing excessive scenes of murder and violence in detail;

(2) Describe and show cruel behavior with the purpose of damaging human nature. Article 8 Feudal superstitious publications refer to publications with one of the following contents but no artistic or scientific value:

(1) The main contents are introducing fortune-telling methods, geomantic omen and divination methods;

(2) advocating seeking God's divination and exorcising ghosts to cure diseases;

(3) others who propagate the violation of science, ignorance and absurdity, spread superstitious rumors and endanger society.

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

(1) Works of natural science and social science related to human anatomy and physiology, reproductive knowledge, disease prevention and other sexual knowledge, sexual morality, sexual sociology and so on;

(2) artistic works such as art and photography that express human beauty;

(3) literary and artistic works with obscene and pornographic contents that are generally healthy, beneficial and of artistic value.

the publications mentioned in the preceding paragraph shall be published and distributed according to the relevant regulations of the state and this municipality. Article 1 Whoever produces (including copying, the same below), sells (transports) or rents reactionary publications shall be confiscated by the administrative departments of industry and commerce, press and publication, radio, film and television or culture, and shall be fined not more than 3, yuan. Where there are other provisions in laws, regulations and rules on the types and extent of punishment for the above-mentioned illegal acts, those provisions shall prevail. Article 11 Whoever produces, sells (transports) or rents obscene publications shall be confiscated by the administrative departments of industry and commerce, press and publication, radio, film and television or culture, and be fined not more than 3, yuan. Where there are other provisions in laws, regulations and rules on the types and extent of punishment for the above-mentioned illegal acts, those provisions shall prevail. Article 12 Whoever produces, sells (transports) or rents pornographic publications shall be confiscated by the administrative departments of industry and commerce, press and publication, radio, film and television or culture, and shall be fined not more than 1, yuan. Where there are other provisions in laws, regulations and rules on the types and extent of punishment for the above-mentioned illegal acts, those provisions shall prevail. Thirteenth production, trafficking (transportation), rental, murder violence, feudal superstition publications, by the industry and commerce, press and publication, radio, film and television or cultural administrative departments to collect publications, and impose a fine of less than 5 yuan. Where there are other provisions in laws, regulations and rules on the types and extent of punishment for the above-mentioned illegal acts, those provisions shall prevail.