A controversial decision by Taipei’s Shihlin District Prosecutors’ Office to drop charges against five people involved in nude photography shoots in the Taipei Mass Rapid Transit (MRT) system and outdoor locations has stirred heated debate among legal experts and social commentators.
The five include Hua Hao-chou (華顥洲), operator of the “Beauty Club” Web site, which posts nude pictures taken outdoors; the site’s system manager, surnamed Lo (羅); a site staff member and adviser surnamed Huang (黃); a male member of the club surnamed Liao (廖); and a female member of the club surnamed Chen (陳).
According to a statement issued by prosecutors on Tuesday, the photographs — mostly of nude or semi-nude women taken by male members of the club — were judged to be “not obscene” as the subjects in the photographs “did not purposely take actions to arouse sexual desire,” and that it was not possible for the site’s operator and staff to monitor each photograph before it was posted.
Prosecutors also cited the Council of Grand Justices’ Interpretation No. 617, which states: “For objects or materials to be considered obscene, they should involve violence, sexual abuse, bestiality or subjectively leading to stimulating or fulfillment of sexual desire, and also of no redeeming value in artistic, medical or educational terms.”
The statement also said that although some of the photographs showed breasts and genitalia, “these did not stir up disgust or lewd or repugnant feelings upon viewing, and there are many such pictures found on the Internet.”
The case stemmed from September last year, when a series of photographs of a woman in various states of undress at an MRT station began circulating on the Internet and social messaging networks.
Following a police investigation, the defendants were arrested in December on suspicion of violating the Social Order Maintenance Act (社會秩序維護法) and were charged with public indecency and offenses against sexual morality.
In their defense, Hua and the other two staff members said the site is a private club with paid membership, and although some photographs showed naked people in outdoor settings, they denied those were “group sex parties.”
“Those were group outings for leisure, singing and barbeque activities,” the defendants said. “We provided prizes and encouraged members to pose for pictures, but any photographs shot were by consenting adults and they were their own individual actions,” Hua said.
While some said it was wrong to drop the charges because it might encourage more public nude photography, others welcomed the liberal interpretation of the law, saying the state should not regulate the sexual behavior and activities of consenting adults.
A Taipei MRT official said it respects the prosecutors’ decision, but police patrols are being increased and passengers will be removed if they engage in acts that violate social order.
Lin Mei-hsun (林美薰), an executive at women’s rights group the Awakening Foundation, said she is worried that as the interpretation of obscenity becomes more tenuous, it might encourage the media and netizens to distribute more sexually explicit photographs.
“It was up to individuals’ opinions whether these were obscene or not,” she said. “However, prosecutors should take the public’s view into account and whether these pictures would arouse feelings of shame and disgust for some people.”
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