The revision reportedly aims to protect children rather than target sexting adults
China will expand a ban on sharing obscene materials to include content sent via phone and online messaging apps starting next year.
According to the revised law, anyone “disseminating obscene information using information networks, telephones, or other communication tools” will face up to 15 days in jail and a fine of up to 5,000 yuan ($711). Penalties will be higher if the content involves children.
The wording of the law has led to concerns from media and social networks as to whether it could be applied to private sexually explicit messages between adults, such as sexting.
However, according to multiple legal experts cited by Chinese state media, the legal changes will not affect one-on-one private communications. They argue that the revisions reflect technological development, increasing the maximum fines, while leaving detention periods unchanged.
“China has mature standards and procedures for identifying obscene materials. It is critical to clarify that ‘obscene’ does not equal ‘indecent’,” China Daily cited Ji Ying, an associate professor of law at the University of International Business and Economics in Beijing, as saying.
Several legal experts explained that ‘indecent’ is a subjective term that does not necessarily meet the legal threshold of obscenity, which requires judicial determination and must meet clear statutory standards.
Zhu Wei, an associate professor at China University of Political Science and Law, told the outlet that the law is designed to protect minors and safeguard online ecosystems. He went on to note that, under the law, Chinese authorities require warrants and official investigation documents to access data on personal devices.
Several cases that preceded the expanded ban have reportedly involved mass sharing of explicit content.
In one case, three administrators of a group on the Chinese QQ platform were found guilty of failing to prevent the spread of hundreds of explicit videos, Global Times reported on Tuesday.
In another case from May, a man was convicted of rape, child molestation and spreading obscene materials after it was discovered that he sent explicit videos to more than 100 primary and middle school girls.
China has long banned pornography. Enforcement has largely focused on production, distribution and public sharing, rather than private consumption.
The revised law is set to take effect on January 1.
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