According to the interface news reported on March 14, recently, the People's Court of Daye City, Hubei Province, to hear the first case of the use of artificial intelligence (AI) Technical Writingdirty bookIn the case of production and profit-making, the defendant Ke Mou was sentenced to ten months' imprisonment for the crime of producing, trafficking and disseminating obscene materials for profit, and was also fined RMB 5,000 and refunded the illegal proceeds.
The public prosecution alleged that during the period from November 2022 to March 2023, the defendant Ke Mou (college education, online writer) used AI programs to write pornographic novels for the purpose of profit-making, and used wall-flipping software to publish them on an offshore pornographic website, while selling them on another website. In just five months, Ke Mou total release dozens of pornographic novels, a total profit of more than 20,000 yuan. After identification, the seven novels sent for examination are obscene.
After the crime, Ke's family returned more than 20,000 yuan on behalf of the stolen goods.
The court held that the defendant Ke Mou for the purpose of profit-making, the use of an AI text generation tool, production, trafficking, dissemination of obscene materials, illegal profit of more than 20,000 yuan, his behavior is a serious violation of our country's relevant laws and regulations, the adverse impact on the social atmosphere, has constituted the crime of production, trafficking, dissemination of obscene materials for profit-making, the public prosecutor's accusation of the crime is established. Defendant ke mou can truthfully confess to the facts of the crime, voluntarily plead guilty and admit punishment, refund the illegal income, can be mitigated according to law, lenient treatment. According to the facts of the crime, sentencing circumstances, the public prosecution sentencing recommendations, the court made the above judgment.
The contractor judge pointed out that with the rapid development of AI technology, the application of AI in the field of literary creation, artistic design and other fields is increasingly widespread, but the application of technology must comply with laws and regulations and public order and morals. The use of AI to generate, sell and disseminate obscene content not only violates the law, but also harms the physical and mental health of young people, and is socially harmful. According to Article 363 of the Criminal Law of the People's Republic of China, anyone who produces, reproduces, publishes, traffics or disseminates obscene materials for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined; if the circumstances are serious, the penalty shall be fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined; if the circumstances are particularly serious, the penalty shall be fixed-term imprisonment of not less than ten years but not more than life imprisonment, and shall be fined or property shall be confiscated.
The judgment in this case sounded an alarm for the compliant use of AI technology. The judge called on the relevant authorities to strengthen the regulation of AI technology applications and clarify the legal boundaries of technology use, while encouraging enterprises and developers to use AI technology in legal and healthy areas, and promoting a balance between technological innovation and social responsibility.