An online adult content creator has been acquitted of charges of distributing obscene material after courts ruled that adequate safeguards had been in place.
The man, who goes by the online alias Joe Wan, has about 150,000 followers on social media platform X.
In October 2024, he was reported to police after posting a video on his X account showing explicit sexual activity, including nudity and oral sex. The Taoyuan District Prosecutors’ Office indicted him on charges of distributing obscene images.
Photo: Taipei Times
The Taoyuan District Court in October last year acquitted him in the first ruling. Prosecutors appealed, but the High Court on March 26 upheld the ruling, finalizing the case.
The district court found that the video fell under the category of “softcore” sexual content as defined in Constitutional Interpretation No. 617, meaning it did not involve violence, bestiality or abuse. Such content is legal, provided appropriate access restrictions are in place.
Wan had labeled his X profile as “adult only” and shared the video via a link displaying a warning that the media might contain sensitive content, requiring users to opt in before viewing, the court said.
Prosecutors failed to prove that minors could directly access the video, the court said, adding that a high number of views and shares alone did not demonstrate a lack of safeguards.
In their appeal, prosecutors said that police testimony and inspection results showed no warning labels on the video, and that once reshared, minors or unwilling viewers could be exposed to the content.
The post included explicit captions without content warnings, they said.
Wan said he had properly labeled his account as adult-only and enabled built-in sensitive content settings, requiring users to confirm their willingness to view such material before it was displayed.
The High Court said there are no clear legal provisions governing how online platforms must regulate viewing mechanisms.
By complying with X’s content warning system, Wan had taken sufficient measures to prevent easy access, it said.
Regarding reshared content, the court said how material is presented after being shared by others is beyond the control of the original poster and should not result in criminal liability.
As for the explicit captions cited by prosecutors, the court said they were posted on different dates and constituted separate alleged offenses, and therefore could not be considered in the case.
The High Court concluded that the lower court’s ruling was appropriate and rejected the appeal, finalizing Wan’s acquittal.
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