'Sending Indecent Photos to Friends Illegal' Rumor Clarified
A recent viral claim that "sending indecent photos or videos to friends will become illegal from January 1 next year, with penalties of up to 15 days detention and a 5,000 yuan (US$711) fine" has been clarified as a misinterpretation of China's newly revised Public Security Administration Punishment Law.
Although some media outlets had presented the measure as a key legislative update, legal experts and official sources emphasize that the provision is neither new nor a priority for future enforcement, according to a report by The Paper today.
The confusion appears to stem from Article 80 of the revised law, which details penalties for "spreading pornographic information." Some earlier interpretations suggested that even privately shared explicit material could lead to legal sanctions if reported and verified.
Online discussion quickly spread, with some users questioning whether intimate exchanges between spouses could be penalized. Many voiced concerns over whether law enforcement should intervene in private communications.
In fact, legal authorities confirm that the ban is not new. The original Public Security Administration Punishment Law, enacted two decades ago, already prohibited distributing pornographic material via "computer information networks." The revised version mainly updates the terminology to "information networks," adjusts fine amounts, and imposes stricter penalties for violations involving minors.
Importantly, the law explicitly prohibits disseminating pornographic content, not vaguely defined "indecent" material. According to China's Criminal Law, pornographic items refer to works that explicitly depict sexual behavior or promote obscenity. Private intimate content between individuals, such as couples, generally remains a moral rather than legal issue.
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