Summary: China's revised Public Security Law, effective 2026, criminalizes public insults or defamation. Penalties range from fines to up to 3 years in prison, depending on severity and harm caused.
Newly Revised Law: Insulting Someone Could Land You in Jail – Up to 3 Years Behind Bars!
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It may sound surprising, but starting in 2026, under the newly revised Public Security Administration Punishments Law of the People's Republic of China, insulting others can now be classified as a legal offense — and in serious cases, it could even result in a prison sentence of up to three years.
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What Kind of Insults Are Considered Illegal?
You might be wondering: what kind of insulting behavior crosses the legal line? Is it unlawful if a boss scolds an employee during a meeting? Or if gamers exchange profanity in the heat of a match? What about mutual name-calling — who gets punished?
The revised law offers a clear answer: public insults or fabricating facts to defame others are considered violations.
Here's what to remember:
The keyword is "public."
The content must carry a nature of insult, verbal abuse, or degradation.
That means:
Cursing someone in front of a group, like in a company meeting.
Launching verbal attacks in WeChat groups.
Posting abusive comments on public platforms like WeChat Moments or Weibo.
All of these can fall under legal violation.
Real-World Cases
📍 January 7, 2026 – Inner Mongolia: A man was administratively detained after posting a video with funeral music and a shop owner's photo online, including derogatory remarks — all over a refund dispute.
📍 January 11, 2026 – Sichuan: Four 14-year-old girls were detained and fined after verbally abusing and physically attacking a classmate, uploading the video online.
These examples underscore a key point: the legal red lines are now clearly drawn.
Expert Insight: Not All Insults Are Illegal
Yu Linyang, associate professor at East China Normal University's Law School, cautions: not every insult is a criminal act. The law must exercise restraint — frustration or a moment of venting shouldn't automatically be labeled as unlawful.
Insults that are truly harmful and public in nature—those that tarnish reputations or cause significant disruption—are the ones targeted. A private quarrel, for instance, may not meet the legal threshold.
That said, freedom of speech does not mean freedom from consequences. All citizens must uphold principles of truth, objectivity, and respect in their expressions — both online and offline.
What Are the Legal Consequences?
Words can wound. If insulting behavior is deemed illegal, consequences fall under three levels of responsibility:
🧑⚖️ Civil Liability
Under the Civil Code, individuals have a right to reputation. If insults or defamation infringe this right, the offender may be required to apologize, cease the violation, or pay damages.
🚓 Administrative Penalties
According to Article 50 of the Public Security Administration Law:
Public insults or defamation may result in up to 10 days of detention or a fine of up to 1,000 yuan.
⚖️ Criminal Charges
Under Article 246 of the Criminal Law:
Severe cases can be treated as criminal offenses, with sentences of up to three years in prison, detention, or restriction of rights.
For example:
Milder cases: Up to 5 days' detention or a fine below 1,000 yuan.
Moderate cases: Up to 10 days' detention and a fine.
Severe cases: If someone suffers serious psychological or physical harm, such as depression, self-harm, or even death due to the abuse — the offender may face criminal charges.
Yu Linyang adds that a public insult must generally result in real harm (such as damage to reputation) to be considered a civil or criminal violation.
Criteria include:
Repeated abusive behavior,
Public dissemination with wide reach (e.g., over 5,000 views or 500 shares),
Harm to victims' daily lives or mental health.
Source: 南方都市报
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