Source: OT-Team(G), 广州日报
Starting January 1, 2026, the newly revised Public Security Administration Punishments Law of the People's Republic of China (hereinafter referred to as the "Public Security Punishments Law") will officially take effect.
Article 80 of the revised law provides more detailed provisions on penalties for disseminating obscene information and significantly increases the severity of punishment. The topic quickly climbed to the top of online trending lists.
According to media reports, phrases such as "sending explicit photos or videos to friends will be illegal starting next year" and "disseminating obscene information will be illegal starting next year" were widely shared, sparking heated public discussion. However, a considerable amount of the circulating commentary reflects misunderstandings or overly broad interpretations of the new law.
Key Differences Between the New and Old Law: Lawyers' Analysis
Attorney Hu Lei noted that the revised Public Security Punishments Law will come into force on January 1, 2026, and that Article 80 is a focal point of this round of amendments.
Attorney Zhao Liangshan explained that the key differences between the new and old versions include:
Replacing the term "computer information network" with "information network," thereby expanding the scope of application; and
Raising the upper limit for fines and adding provisions for heavier penalties in cases involving minors.
The revised law also makes clear that private chats are not "outside the law," correcting the misconception that sending obscene information in private is not illegal. The provisions cover both public and private dissemination across all scenarios.
Hu Lei further explained that, in determining what constitutes the dissemination of obscene information, reference may be made to Article 367 of the Criminal Law of the People's Republic of China. Obscene information generally refers to publications, films, images, audio, text, and other materials that explicitly depict sexual acts or graphically promote pornography, are intended to arouse sexual desire, corrupt morals, and lack artistic or scientific value. Dissemination includes sending such content via tools such as WeChat, QQ, or text messages, regardless of whether it is sent to one person or multiple recipients, and whether the communication is public or private. Subjectively, the sender must act with intent—knowing the content is obscene and actively transmitting it. In enforcement, public security authorities will assess the overall circumstances, including social harm, the volume of dissemination, the recipients, and the sender's motive.
Will Private Chats Between Spouses or Couples Be Deemed Illegal?
Zhao Liangshan stated that neither the revised law nor its supporting interpretations currently provides a specific exemption for private, consensual interactions between spouses or couples. In judicial practice, the core criterion is typically whether there is social harm.
In general:
Sex-related messages or videos exchanged between spouses or couples on a private, consensual basis, with no risk of further dissemination, are usually not deemed illegal due to the absence of social harm;
However, if the content constitutes obscene materials and involves forwarding, wider dissemination, coercion, or similar circumstances, legal liability may arise.
Hu Lei added that under Article 19 of the Public Security Punishments Law, no punishment will be imposed where a violation of public security administration is manifestly minor and causes little harm.
With respect to the exchange of explicit content between spouses or stable couples, Hu Lei noted that, from a strictly literal interpretation, one-to-one private transmission of self-produced or third-party pornographic images or videos could technically meet the elements of disseminating obscene information and potentially trigger administrative penalty procedures. In practice, however, the likelihood of enforcement is extremely low and may result in no punishment at all. This is primarily because such conduct lacks social harm, involves voluntary private interaction between both parties, falls within the realm of private life, does not disrupt public order, and does not involve dissemination to third parties. In such cases, the conduct may be directly classified as manifestly minor. Public security authorities also have little incentive to intervene in purely private matters unless there is a malicious report accompanied by aggravating factors such as content dissemination, involvement of minors, or coercion.
Hu Lei emphasized that the purpose of the revised Article 80 is to strengthen governance of online obscene information, with enforcement focused on public dissemination, sharing in group chats, and cases involving minors. While private one-to-one transmission is formally included within the regulatory framework, the principle of proportionality remains a fundamental guideline in administrative enforcement. Normal intimate interactions between spouses or couples are not a primary enforcement target. The public is therefore advised not to overreact, to avoid forwarding obscene content from third parties to non-intimate contacts, and to remain mindful of privacy protection when retaining chat records.
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