Why was I arrested for forwarding short drama advertisements?
2025 02/11
In December 2024, Mr. Du was arrested by a county public security organ for "offshore fishing" and suspected of illegal use of information networks. After consulting with a lawyer, Mr. Du's family confirmed that the only possible criminal behavior he may be suspected of is that he often reposts short drama advertisements related to the promotion of controlled knives to earn profits. However, Mr. Du's family believes that this is a legal way to make money and does not constitute a crime. Is that really the case?
With the widespread popularization and in-depth development of information networks, Article 287-1 of the Criminal Law Amendment (IX) was newly established in 2015, adding the crime of illegal use of information networks.
The illegal activities involved in the crime of illegally utilizing information networks include three categories: 1. Establishing websites or communication groups for the purpose of committing fraud, teaching criminal methods, producing or selling prohibited or controlled items, and other illegal activities; 2. Posting information related to the production or sale of drugs, firearms, obscene materials, or other illegal and criminal activities; 3. Posting information for the purpose of committing illegal and criminal activities such as fraud. Any of the following circumstances constitutes the crime of illegal use of information networks: ① Falsifying the name of state organs or financial institutions to establish websites for the purpose of carrying out illegal and criminal activities; ② Establishing three or more websites for carrying out illegal and criminal activities, or establishing websites for carrying out criminal activities with a cumulative number of registered accounts exceeding 2000; ③ Establishing five or more communication groups for the purpose of carrying out illegal and criminal activities, or establishing communication groups for the purpose of carrying out illegal and criminal activities with a cumulative total of more than one thousand member accounts; ④ Publishing information related to illegal or criminal activities or publishing information for the implementation of illegal or criminal activities, which falls under one of the following circumstances: Posting more than 100 pieces of relevant information on the website; ⅱ. Sending relevant information to over 2000 user accounts; ⅲ. Sending relevant information to communication groups with a cumulative membership of over 3000 members; ⅳ. Spreading relevant information through social networks with a cumulative number of followers exceeding 30000; ⑤ Illegal gains of more than 10000 yuan; ⑥ Those who have received administrative penalties within two years for illegally using information networks, assisting in information network criminal activities, and endangering computer information system security, and have also illegally used information networks; ⑦ Other serious circumstances.
From this, it can be inferred that the short drama advertisement forwarded by Mr. Du involves the promotion of controlled items. If Mr. Du illegally gains more than 10000 yuan by forwarding such information, or meets one of the following conditions, it will constitute the crime of illegal use of information networks: publishing more than 100 pieces of relevant information on a website; Sending relevant information to over 2000 user accounts; Sending relevant information to communication groups with a cumulative membership of over 3000 members; Spreading relevant information through social networks with a cumulative number of followers exceeding 30000.
With the introduction and implementation of regulations related to new types of cybercrime, crimes such as illegal use of information networks and aiding in information network criminal activities have seen a surge in cybercrime. When posting or forwarding information on the internet outside of illegal areas, caution should be exercised to avoid illegal activities such as fraud, teaching criminal methods, producing or selling prohibited or controlled items, or advertising, setting up websites, communication groups, etc.
With the widespread popularization and in-depth development of information networks, Article 287-1 of the Criminal Law Amendment (IX) was newly established in 2015, adding the crime of illegal use of information networks.
The illegal activities involved in the crime of illegally utilizing information networks include three categories: 1. Establishing websites or communication groups for the purpose of committing fraud, teaching criminal methods, producing or selling prohibited or controlled items, and other illegal activities; 2. Posting information related to the production or sale of drugs, firearms, obscene materials, or other illegal and criminal activities; 3. Posting information for the purpose of committing illegal and criminal activities such as fraud. Any of the following circumstances constitutes the crime of illegal use of information networks: ① Falsifying the name of state organs or financial institutions to establish websites for the purpose of carrying out illegal and criminal activities; ② Establishing three or more websites for carrying out illegal and criminal activities, or establishing websites for carrying out criminal activities with a cumulative number of registered accounts exceeding 2000; ③ Establishing five or more communication groups for the purpose of carrying out illegal and criminal activities, or establishing communication groups for the purpose of carrying out illegal and criminal activities with a cumulative total of more than one thousand member accounts; ④ Publishing information related to illegal or criminal activities or publishing information for the implementation of illegal or criminal activities, which falls under one of the following circumstances: Posting more than 100 pieces of relevant information on the website; ⅱ. Sending relevant information to over 2000 user accounts; ⅲ. Sending relevant information to communication groups with a cumulative membership of over 3000 members; ⅳ. Spreading relevant information through social networks with a cumulative number of followers exceeding 30000; ⑤ Illegal gains of more than 10000 yuan; ⑥ Those who have received administrative penalties within two years for illegally using information networks, assisting in information network criminal activities, and endangering computer information system security, and have also illegally used information networks; ⑦ Other serious circumstances.
From this, it can be inferred that the short drama advertisement forwarded by Mr. Du involves the promotion of controlled items. If Mr. Du illegally gains more than 10000 yuan by forwarding such information, or meets one of the following conditions, it will constitute the crime of illegal use of information networks: publishing more than 100 pieces of relevant information on a website; Sending relevant information to over 2000 user accounts; Sending relevant information to communication groups with a cumulative membership of over 3000 members; Spreading relevant information through social networks with a cumulative number of followers exceeding 30000.
With the introduction and implementation of regulations related to new types of cybercrime, crimes such as illegal use of information networks and aiding in information network criminal activities have seen a surge in cybercrime. When posting or forwarding information on the internet outside of illegal areas, caution should be exercised to avoid illegal activities such as fraud, teaching criminal methods, producing or selling prohibited or controlled items, or advertising, setting up websites, communication groups, etc.
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