Vietnam: Showing children pornographic animated films will be subject to imprisonment

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According to the guidance in this Resolution, “pornographic performance” in Clause 1 Article 147 of the Criminal Code means using gestures, actions, words, writing, symbols, pictures and sound to sexually stimulate a person under 16; exposing a reproductive organ or private part, completely or partially undressing or committing other acts that imitate sexual activities (including sexual intercourse, masturbation and other sexual activities) in any shape or form.

This Resolution also clearly specifies that “participate in a pornographic performance or watch a pornographic performance” in Clause 1 Article 147 of the Criminal Code include:

- Giving a pornographic performance to a person under 16 or enticing a person under 16 to participate in a pornographic performance;

- Showing a pornographic performance involving a person under 16;

- Enticing, persuading or forcing a person under 16 to photograph or record their pornographic performance and distributing such photo or video;

- Enticing, persuading and forcing a person under 16 to undress completely and live stream;

- Showing pornographic contents involving a person under 16 or running simulation of a person under 16 (animated works or digitally-created characters);

- Description of human reproductive organs and private parts, excluding the cases provided for in Clause 2 Article 5 herein;

- Other forms of pornographic performances or watching of pornographic performances.

Thus, it is evident that all acts of enticing, luring children to take nude photos, livestream, or showing obscene publications, obscene animated films to children... will be subject to imprisonment under the provisions of Article 147 of the Criminal Code 2015.

Nguyen Trinh

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