China is set to expand its ban on sharing obscene materials to include content sent via phone and online messaging apps starting January 1. The revised law aims to protect children and safeguard online ecosystems, with penalties of up to 15 days in jail and a fine of up to 5,000 yuan ($711) for those found guilty of disseminating obscene information.
The law, which has been revised to reflect technological advancements, increases the maximum fines while leaving detention periods unchanged. However, it has raised concerns among media and social networks that it could be applied to private sexually explicit messages between adults, such as sexting.
According to legal experts cited by Chinese state media, the revisions will not affect one-on-one private communications. They argue that the law is designed to protect minors and requires judicial determination and clear statutory standards to meet the threshold of obscenity. The distinction between “obscene” and “indecent” content is crucial, with the former requiring a higher level of explicitness and the latter being a subjective term.
Several cases that preceded the expanded ban involved the mass sharing of explicit content. For instance, three administrators of a group on the Chinese QQ platform were found guilty of failing to prevent the spread of hundreds of explicit videos. In another case, a man was convicted of disseminating 54 obscene videos to his contacts via WeChat.
China has long banned pornography, with enforcement focused on production, distribution, and public sharing rather than private consumption. The revised law is expected to strengthen these efforts, with authorities requiring warrants and official investigation documents to access data on personal devices.
The expansion of the ban is part of China’s ongoing efforts to regulate online content and protect its citizens, particularly children, from explicit materials. As the law comes into effect, it is likely to have significant implications for online platforms and users in the country.