China will expand a ban on sharing obscene materials to include content sent via phone and online messaging apps starting next year.
According to the revised law, anyone “disseminating obscene information using information networks, telephones, or other communication tools” will face up to 15 days in jail and a fine of up to 5,000 yuan ($711). Penalties will be higher if the content involves children.
The wording of the law has led to concerns from media and social networks as to whether it could be applied to private sexually explicit messages between adults, such as sexting.
However, according to multiple legal experts cited by Chinese state media, the legal changes will not affect one-on-one private communications. They argue that the revisions reflect technological development, increasing the maximum fines, while leaving detention periods unchanged.
“China has mature standards and procedures for identifying obscene materials. It is critical to clarify that ‘obscene’ does not equal ‘indecent’,” China Daily cited Ji Ying, an associate professor of law at the University of International Business and Economics in Beijing, as saying.
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