Photo: Screenshot from CCTV News

Multiple legal experts have clarified that claims saying "sending obscene photos or videos to friends is illegal" are a misinterpretation, noting that it is neither a newly added provision of China's Law on Penalties for Administration of Public Security nor a future focus of law enforcement, after some media earlier reported that such behavior would be illegal starting next year and punished by up to 15 days' detention, China Central Television (CCTV) News reported.

Article 80 (1) of the newly revised Law on Penalties for Administration of Public Security stipulates that anyone who produces, transports, reproduces, sells, rents or disseminates obscene books, images, films or audiovisual products, or spreads obscene information via information networks, telephone services or other communication tools, shall be detained for 10 to 15 days and may be fined up to 5,000 yuan. In less serious cases, offenders may face detention of up to five days or a fine ranging from 1,000 to 3,000 yuan.  

The revised version of the Law on Penalties for Administration of Public Security  was  voted to adopt at a session of the Standing Committee of the National People's Congress (NPC) on June 27. The revised version will take effect on January 1, 2026. 

Some media outlets interpreted the provision as meaning that starting next year, even sending indecent photos or videos in private chats could lead to punishment once reported and verified. 

However, Yue Censhan, a senior partner at Beijing Yucheng Law Firm, said that since the law was first enacted in 2005, it has consistently defined the dissemination of obscene information via computer networks, telephone services or other communication tools as illegal, according to the CCTV News.

He further explained that the revision made two main changes: replacing the term "computer information networks" with the broader "information networks" to reflect technological development, and increasing the maximum fines, while leaving detention periods unchanged, per the report.

Instant messaging apps and other digital platforms, Yue said, have long fallen under the category of "other communication tools," meaning the revision does not introduce any new offense such as criminalizing the act of sending indecent content to friends.

According to the CCTV News, despite this, the misinterpretation has circulated widely and triggered public debate, centering on two key questions: whether "indecent" content is legally equivalent to "obscene" material, and where the boundary of illegality lies.

Several legal experts explained that "indecent" is a subjective term and does not necessarily meet the legal threshold of obscenity, which requires judicial determination with clear statutory standards. 

Yue said that while some content clearly depicts sexual acts, other material may fall into gray areas and must be assessed by competent authorities to determine whether it constitutes obscene information.

Yue added that point-to-point transmission, whether to relatives or friends, has long been covered by the law, as the statute does not distinguish between communication scenarios. In practice, however, such conduct typically falls outside the scope of public security enforcement unless it is reported. When reports are filed, authorities assess factors such as the volume of content and specific circumstances before deciding whether administrative penalties are warranted, according to the CCTV News report.

Amid the discussion, some netizens questioned whether valuable law enforcement resources should be devoted to policing private interactions, raising hypothetical concerns such as whether couples or spouses sharing intimate photos would be subject to reporting.

Regarding this, CCTV News citing Ruan Qilin, a professor at China University of Political Science and Law, as saying that such arguments distort the purpose of the law by relying on extreme examples that have never been pursued in practice. Punishment, he stressed, must be proportionate to the social harm caused.

Ruan explained that the Law on Penalties for Administration of Public Security functions as a "minor criminal law," targeting acts that disrupt public order but do not rise to the level of criminal offenses, while the Criminal Law separately defines crimes such as profiting from the dissemination of obscene materials and disseminating obscene materials.

He added that a more substantive change in the revised Article 80 is the introduction of a new clause mandating heavier penalties when obscene material or information involves minors. The provision, he said, reinforces two absolute prohibitions: disseminating such content to minors and involving minors as performers.

According to the CCTV News, judicial practice has already reflected this enforcement priority. At a provincial press conference on strengthening online judicial protection for minors held on May 29, 2025, the Jiangsu Provincial People's Procuratorate disclosed a representative case in which a man sent obscene videos to nearly 100 female primary and middle school students. He was ultimately convicted of rape, child molestation and dissemination of obscene materials, and sentenced to 12 years and six months in prison.

Cui Xiangqian, a public security scholar, told CCTV News that the strengthened protection of minors is not only a key highlight of Article 80 in the revised law, but also one of the most significant features of the legislation as a whole.

"During the legislative process, provisions linking the law with the Law on the Protection of Minors were added to the general principles section, marking a major step forward by further clarifying the responsibilities of public security authorities," Cui said.


Global Times