The amendment is reportedly focused on child protection, not adult sexting
Starting next year, China will broaden its prohibition on obscene material distribution to cover content transmitted through mobile phones and internet messaging applications.
Under the amended legislation, individuals “disseminating obscene information using information networks, telephones, or other communication tools” face up to 15 days detention and a maximum fine of 5,000 yuan ($711). Punishments are more severe for content involving children.
Media outlets and social media users have expressed concerns that the law’s language might be used against private, sexually explicit adult communications, including sexting.
Nevertheless, numerous legal specialists referenced by Chinese state-run media assert that the amendments won’t impact private, one-to-one exchanges. They contend the updates accommodate technological progress by raising maximum penalties while maintaining existing detention limits.
“China possesses established criteria and processes for identifying obscene content. It’s essential to distinguish that ‘obscene’ is not synonymous with ‘indecent’,” China Daily quoted Ji Ying, associate law professor at Beijing’s University of International Business and Economics, as saying.
Multiple legal authorities clarified that ‘indecent’ represents a subjective concept that may not satisfy the legal benchmark for obscenity, which demands judicial assessment and must conform to explicit legislative criteria.
Zhu Wei, associate professor at China University of Political Science and Law, informed the publication that the legislation aims to shield minors and protect digital environments. He further observed that authorities must obtain warrants and formal investigative paperwork to access personal device data under the law.
Multiple incidents preceding the expanded prohibition allegedly entailed widespread distribution of explicit material.
In one instance, three group administrators on China’s QQ platform were convicted for not stopping the dissemination of hundreds of explicit videos, according to Tuesday’s Global Times report.
In a separate May case, an individual was found guilty of rape, child molestation, and distributing obscene materials after authorities discovered he had transmitted explicit videos to over 100 elementary and middle school female students.
China has maintained a long-standing prohibition on pornography, with enforcement primarily targeting creation, distribution, and public dissemination rather than private use.
The amended legislation will become effective on January 1.