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A significant shift is coming to China's digital spaces. Under the revised Law on Penalties for Administration of Public Security, effective January 1, 2026, the private forwarding of obscene content—long seen by many as a moral grey area—will be explicitly illegal, with group administrators held criminally liable for failing to moderate their chats.
The New Legal Landscape
Article 80 of the revised law specifically targets the spread of obscene material, enhancing punishments. It corrects a widespread public misconception, clarifying that sharing explicit photos or videos, even in private chats, constitutes a legal violation, not merely a moral lapse. The law takes a particularly stringent stance on content involving minors, stipulating heavier penalties to align with the principle of protecting children's best interests.
You Can Be Prosecuted for Personal Sharing
A landmark case in Huizhou, Guangdong, sets a clear precedent. A defendant, surnamed Lu, was convicted for the crime of disseminating obscene materials after forwarding 54 obscene video clips to his WeChat contacts. The court ruled that despite not seeking profit, his repeated actions via instant messaging harmed public morality and social order, constituting a serious violation.
Group Administrators Bear Direct Responsibility
The law places a firm duty of care on group chat administrators. In a widely discussed case from Qingyuan, Guangdong, three QQ group administrators (surnamed Mao, Xie, and Liu) were sentenced to 10 months to one year in prison. Their crime? Failing to manage a 447-member group where over 221 obscene videos were shared. The court found them guilty of indulging the spread of obscene content.
A Response to Evolving Online Threats
As reported by Nanfang Daily, the ways obscene content spreads are becoming increasingly organized, ranging from group-funded purchases to profit-driven livestreams. The legal system is responding with corresponding consequences, handling cases as both administrative violations and criminal offenses.
Judicial practice already reflects this tougher approach. In a May 2025 case disclosed by Jiangsu prosecutors, a suspect who sent obscene videos to nearly 100 schoolgirls was sentenced to 12 years and six months for combined charges including disseminating obscene materials.
This legal update sends a clear message: in China's online spheres, there is no "private" excuse for spreading obscene material. Both individuals and the custodians of digital communities now face unambiguous legal accountability.
Source:
Editor: Crystal H
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