A Brief Discussion on the Criteria for Identifying Obscene Materials

Manjing Wang

doi:10.54254/2753-7048/2025.LD29914

Lecture Notes in Education Psychology and Public MediaOpen access

A Brief Discussion on the Criteria for Identifying Obscene Materials

Research Article

Open Access

A Brief Discussion on the Criteria for Identifying Obscene Materials

Manjing Wang ^1*

¹ Macao University of Science and Technology

^*Corresponding author: 1240007271@student.must.edu.mo

Published on 26 November 2025

LNEP Vol.119

ISSN (Print): 2753-7056

ISSN (Online): 2753-7048

ISBN (Print): 978-1-80590-545-5

ISBN (Online): 978-1-80590-546-2

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Abstract

Research on the identification of obscene materials in China focuses on the current state of legislation, judicial practice, and potential improvements. At the legislative level, China's definition of obscene materials is governed by multiple regulatory frameworks, including criminal law, administrative regulations, and departmental rules. Criminal law establishes the core criterion of "obscenity" , while administrative regulations and departmental rules provide detailed behavioral norms and appraisal procedures, balancing the suppression of criminal activity with the protection of cultural rights.In judicial practice, however, challenges arise due to the abstract nature of key criteria such as "obscenity" and "explicit depiction of sexual conduct," leading to blurred boundaries in identification. The author analyzes the legal interests infringed upon by obscene materials and draws on the experiences of the UK, the US, and Canada, where the protection of public morality is central. These jurisdictions have developed objective assessment systems—such as the community standards and the triple standard—to determine obscenity, offering valuable insights for China’s legal framework.The conclusion suggests that China’s legislation should clearly define the core characteristic of "obscenity," while the judiciary should establish a dual-review mechanism combining professional appraisal with societal consensus. The assessment should be based on social harm, striking a balance between public decency and cultural prosperity.

Keywords:

obscene goods, legal interest, obscenity

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References

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[3]. Dong Yuting, Huang Dawei. On the criminal legislation policy of the crime of spreading obscene and pornographic materials-from the perspective of victimless crime [ J ].Northern Jurisprudence, 2014 ( 1 ) : 60-67.

[4]. LUO Xiang, Punishment Basis and Identification Standards of the Crime of Obscene Articles—Casting off the Monism of Legal Interest Theory, Journal of Zhejiang Gongshang University . 06 (2021): 82-90.

[5]. Regina v. Hicklin - The Art and Popular Culture Encyclopedia http: //www.artandpopularculture.com/Hicklin_v.Regina.

[6]. Jennifer Kusz, How to Assess Obscenity: A Legal Realism Interpretation of the Legal Standards for Obscenity, 53 U.B.C. L. REV. 705 (April 2021).

[7]. See R v Price, 2004 BCPC 103 [Price].

[8]. Richard Jochelson & Kirsten Kramar, "Governing Through Precaution to Protect Equality and Freedom: Obscenity and Indecency Law in Canada after R. v. Labaye [2005]" (2011) 36: 4 Can J Sociology 283 at 292.

[9]. WU Yuze, Explanation on the Obscene Materials in the Internet Era. [J].Journal of Taiyuan University ( Social Science Edition ), 2025, (01): 71-82.

References

[5]. Regina v. Hicklin - The Art and Popular Culture Encyclopedia http: //www.artandpopularculture.com/Hicklin_v.Regina.

[6]. Jennifer Kusz, How to Assess Obscenity: A Legal Realism Interpretation of the Legal Standards for Obscenity, 53 U.B.C. L. REV. 705 (April 2021).

[7]. See R v Price, 2004 BCPC 103 [Price].

[9]. WU Yuze, Explanation on the Obscene Materials in the Internet Era. [J].Journal of Taiyuan University ( Social Science Edition ), 2025, (01): 71-82.

Cite this article

Wang,M. (2025). A Brief Discussion on the Criteria for Identifying Obscene Materials. Lecture Notes in Education Psychology and Public Media,119,40-48.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume title: Proceedings of ICILLP 2025 Symposium: Property Law and Blockchain Applications in International Law and Legal Policy

ISBN: 978-1-80590-545-5(Print) / 978-1-80590-546-2(Online)

Editor: Renuka Thakore

Conference website: https://2025.icillp.org/London.html

Conference date: 19 November 2025

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.119

ISSN: 2753-7048(Print) / 2753-7056(Online)

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