从网路自拍看我国对於猥亵性言论之规范 - JITAS Journal of.PDF

路論-235∗ Posting One’s Naked Self-Pictures to InternetOn The Regulation of Obscene Speech and Criminal Law §235. 律 10334樓 北234 jolie_liao@.tw 路露 女行路行不235 路路路 行235路 論 量論 路論臨年 路 論論了不論 年路更良刺 理論不理不論 年235論 不235立 列論18不論量235 行 論 235 Abstract It will not be necessarily illegal if an internet user uploads his naked self-pictures on websites. It depends on whether the self-picture is the so-called obscene speech and whether his behavior violates Sec. 235 of Criminal Law. And, since the speech to realize the individual self-fulfillment or self-expression is protected by the free speech clause, the naked self-pictures token and uploaded to the internet for the sake of the individual self-fulfillment or self-expression shall be protected by the constitution even though its content is the picture ∗ 2004 路(TANET) 見 匿見 of the naked body. However, the interest of protecting the freedom speech right of that internet user might be outweighed by that of protecting the mental development of the children and teenagers. On the other hand, the critiques or opinions on the internet user’s uploading his naked self-pictures/videos on websites reflect the long-term argument on the issue whether we shall impose the criminal penalty on the production and dissemination of the obscene speech. To some extent, it is not plausible to criminalize the production and dissemination of the obscene speech because it violates the moralities of the society, possibly stimulates the sexual crimes and discriminates women. Also, if the end of criminal law §235 is to keep th