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 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 the healthy metal development of teenagers and children and to keep obscene speech away from those who are not willing to see that speech, its means prohibiting both the production and dissemination of obscene speech broadly is not proper to its goal. Therefore, it is argued that Criminal Law §235 shall be amended. Or it will be better to decriminalize the production and dissemination of the obscene speech and regulate it by administrative regulations whose goal is to protect the mental development of teenagers and children and to discourage the obscene speech from being an offense to those who are unwilling to see it.
Keywords: self-picture、obscene speech、Criminal Law §235.