The author of Haitang has been hit hard again. In my impression, similar incidents have happened at least five times. From the Tianyi case, the Deep Sea case to the ink fragrance and copper smell, to the sentencing of Zi Kuang Luosen, and then to last year's arrest of the Haitang author in Jixi, Anhui, and this year's arrest in Lanzhou, Gansu. The momentum has never faded, but the reasons worth debating are becoming fewer. Initially, we could discuss artistic value, arguing whether the works count as obscene materials, but now it’s rather sad, and we can only shout writing is not a crime, and distant ocean fishing is shameful.
Recent Cases: Far Up in the Clouds and Public Reaction#
Regarding the arrest of the Haitang author, news surfaced last August, and in October, it stirred up waves again, with an author named Far Up in the Clouds being arrested. Unable to pay the fine, her sister sought help online for fundraising.
I saw this on QQ, where a QQ friend expressed indignation, “This creative freedom is completely gone; this fine is just the government running out of money and starting to persecute creators.”
I was a bit surprised; it seems the economy is indeed not good, and cracking down on crime along with fines has become evidence of government revenue shortfalls.
Author's Position: Support for Action, but Call for Caution and Updates#
To be clear, I generally support the government's actions, but I believe the current sentencing is too harsh, and judicial interpretations need updating. Then I will analyze some existing viewpoints.
1. Do the police in Lanzhou/Jixi have no jurisdiction?#
This is the most nonsensical point; if they truly had no jurisdiction, such a huge public outcry would have been corrected by the leaders long ago. The previous logic, even if one doesn't understand the law, can still be thought of: according to legal provisions, cybercrime is generally managed as long as it is related, pursuing full suppression, as can be seen in the legal articles below. The reality is that there is indeed jurisdiction, and they can manage it well, even handling cases together, which allows them to pull out the radish and bring out the mud, questioning them all together. The action in Lanzhou at least arrested six people (according to shares from the parties involved on Weibo), while Jixi had over 50, and the hope of challenging jurisdiction has already been dashed.
Legal Basis#
According to Document No. [2022] 23 from the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security regarding several issues on the application of criminal procedure in handling information network crime cases:
- Information network crime cases shall be filed and investigated by the public security organs of the place where the crime occurred. If necessary, the public security organs of the suspect's residence may file and investigate.
The crime location for information network crime cases includes the location of the server used for committing the crime, the location of the network service provider, the location of the compromised information network system and its administrator, the location of the information network system used by the suspect, victim, or other involved parties during the crime, the location of the victim when harmed, and the location where the victim's property suffered loss.
For information network crime cases involving multiple links, if the suspect provides assistance for the information network crime, the public security organs of the crime location, residence, or the location of the assisted party may file and investigate.
For information network crime cases with multiple crime locations, the public security organ that initially accepted the case or the public security organ of the main crime location shall file and investigate. In case of disputes, it shall be resolved through consultation based on the principle of facilitating the clarification of criminal facts and litigation; if no consensus can be reached through consultation, the relevant public security organs shall be designated by the common superior public security organ to file and investigate. If approval for arrest, transfer for review and prosecution, or initiation of public prosecution is required, it shall be handled by the people's procuratorate and people's court located at the site of the public security organ that filed the case.
In the following circumstances, public security organs, people's procuratorates, and people's courts may handle cases together within their responsibilities:
(1) One person commits multiple crimes;
(2) Joint crimes;
(3) Joint criminals or defendants also commit other crimes;
(4) Criminal acts committed by multiple suspects or defendants are related, and handling them together is conducive to clarifying all case facts.
Those providing technical support for information network crimes, such as program development, internet access, server hosting, network storage, communication transmission, or advertising promotion, payment settlement, etc., suspected of committing crimes, may be investigated together according to the first paragraph.
Relevant public security organs investigating cases according to the previous two paragraphs that require approval for arrest, transfer for review and prosecution, or initiation of public prosecution shall be handled by the people's procuratorate and people's court located at the site of the public security organ.
2. The Boundary Between Literary Creation Freedom and "Obscenity"#
Literary creation should enjoy a high degree of freedom, and authors have the right to explore diverse themes, including sex and love, without undue interference from state power.
I agree with this viewpoint, and the public security organs also agree, as they do not target the authors of "White Deer Plain" and "Fleshy Breasts and Fat Buttocks," nor do they censor photos of David, only targeting "obscene" "books, films, videotapes, audiotapes, images, and other obscene materials."
The Specificity of Haitang Literature City#
This viewpoint is worth mentioning in the Deep Sea case, but in the recent two actions against Haitang, it seems a bit untenable. First, let me introduce Haitang Literature City, which is an adult paid reading online literature platform registered and hosted in Taiwan. This platform features adult content, particularly "Danmei" novels, and its themes and content often walk the edge of regulation. The term "Danmei" originates from Japanese and gradually came to refer to literary or artistic works centered on love and erotic relationships between men.
Is there really someone who goes through so much trouble to come to Haitang just to pursue the elegant artistic value that cannot be found in "Fleshy Breasts and Fat Buttocks" and "Lady Chatterley's Lover"? In my personal opinion, the works on Haitang can already be considered purely sensual novels, and everyone can go read them. Perhaps some can derive high artistic enjoyment from them, but I remain oblivious.
People can use the Miller Test to self-assess whether the works count as obscene materials: does it appeal to the sexual interest of the average person; does it depict sexual conduct in a patently offensive way; and does it lack serious literary, artistic, political, or scientific value (SLAPS test)?
3. The Social Harm of Virtual Works: Is There Really "No Victim"?#
Some say, "As readers, are we 'victims'? A crime with no victims except the defendant, what kind of crime is that?"
It feels like a drug user might say the same thing, and besides the usual talk about the legal interests of society being harmed, pornography addiction is also closely related to anxiety, depression, and other negative emotional states. When individuals attempt to stop or reduce their consumption of pornographic materials, they may experience withdrawal-like reactions, manifesting as anxiety, irritability, depression, and anger. Repeated exposure to the immediate gratification provided by pornographic materials can lead to emotional and physiological desensitization in intimate relationships in real life.
In short, we cannot give a lighter sentence to drug dealers just because drug users plead for them; the same logic applies here.
4. Sentencing Threshold: The Dilemma of the "Click Count" Standard#
The current judicial interpretation sets the threshold for criminal liability at "5,000 clicks," which has seriously deviated from the actual development of the internet today.
I somewhat agree, but it hasn't seriously deviated from the actual development of the internet. The judicial interpretation was issued in 2010, when there were 457 million internet users; by the end of 2024, the number is expected to reach 1.108 billion, about 2.5 times that in 10 years, so it feels like it should keep pace with the times.
5. Does the Claim That "The Government is Out of Money and Engaging in Distant Ocean Fishing" Hold Water?#
Many people imagine the government as both foolish and malicious; now everyone complains about the difficulty of civil service exams. Could it be that the smart people who pass the exams suddenly turn into a foolish and malicious group that only pulls each other down and engages in intrigue?
To be fair, distant ocean fishing is a massive operation, and there must be some cost-effectiveness; if they are going to fish, they should target "compromised private entrepreneurs" or other regional governments that have fattened up and are ready to strike first, with some cases revealed, the frozen funds have never been less than a hundred million.
For example, the Zhejiang Procuratorate reported a case of distant ocean fishing in Jiangxi:
Starting in late May 2023, police officer Yang and auxiliary police officer Zhan from a certain county in another province sought personal illegal benefits by privately carrying police uniforms, handcuffs, and other police equipment to Zhejiang, Jiangsu, etc., intending to extort money from entrepreneurs under the pretext of helping to handle cases. On June 11 of the same year, the two took entrepreneur Shen from his home in Wujiang, Jiangsu, under the guise of cooperating with the public security organs to investigate the case. Shen managed to escape by jumping out of the car in Deqing County, Huzhou, Zhejiang, and called the police. Initially, the Deqing police suspected that the two might be impersonating police officers and planned to investigate for "fraud," but later discovered they were indeed judicial personnel. Ultimately, Yang and Zhan were convicted of abuse of power and sentenced to eight months and seven months in prison, respectively.
Writers can ask themselves whether they can afford the title of "entrepreneur" as deemed by the Hangzhou Procuratorate. After so many investigations and arrests, it is rare for a single fine to exceed a million, and with such a huge public outcry, the cost-effectiveness is indeed too low. Moreover, it is said that Lanzhou also arrested free writers this time, with no illicit funds to confiscate, and this can still be considered distant ocean fishing. Which municipal government can’t count its annual confiscated income in the billions? These are actually pocket change. I wonder why the business environment in Lanzhou has been criticized again; perhaps we should look at the four major bank presidents in Zhejiang Province who have fallen.
6. Why Not Prioritize Targeting Large "Porn Sites"?#
"Why not arrest those running porn sites?"
The Realities of Overseas Law Enforcement#
It's not that we don't want to, but it's difficult to do so. If our police forces could easily enforce the law overseas, directly seizing servers, there would be no need to go through two rounds to gather personal information from the servers and take everyone away.
Since the police have not been able to take down a website as close as Haitang, let alone those servers located all over the world, with the operators physically in the U.S., receiving payments in USDT from professional porn site owners. Doing this while physically in the country is like sleeping with a time bomb; the operators know they have to go across the ocean to earn USDT, so it’s essential to have a clear self-awareness of where to earn what money.
7. Sentencing Controversy: Is Writing a Novel Punished More Heavily Than Rape?#
"Writing a novel is punished more heavily than rape."
In specific circumstances, it is indeed the case, as the law stipulates.
Conclusion and Survival Guide for Authors#
Perhaps some legal advice is still needed:
- It is recommended to hide well or go abroad to write if you haven't been caught, waiting for legal or judicial interpretations to change.
- Those who have not participated should not get involved in the future.
- Do not mix in such author circles; even if you do well, you won't enter the writers' association and may easily be targeted by enemies, as seen in the Deep Sea case.
- Also, do not trust fellow readers too much; they bear no legal responsibility, and if they enjoy the spectacle, the author will be in trouble.
- Those who are not doing well should not break the law; wealthy people still have avenues for criminal compliance.
Seek Professional Help#
Those who have been summoned should quickly find a lawyer; there are already lawyers ready to take on such cases for free. Lawyers in Beijing have two major characteristics: one is that they move quickly, and the other is that they love to make big news; they are very willing to take on such cases.
Finally, I wish everyone good luck.