Experts: Punishments law misinterpreted

Legal experts have described as misinterpretations the recent claims of public security penalties for the private sharing of indecent content between relatives and friends, emphasizing that the revised law specifically targets "obscene information", and not "indecent content".

The Law on Penalties for Administration of Public Security, which will take effect on Jan 1, stipulates that disseminating obscene content via information networks, telephones or other communication tools will carry penalties of 10 to 15 days' detention and fines of up to 5,000 yuan ($710). Minor cases can incur up to five days' detention or fines of 1,000 to 3,000 yuan, with heavier penalties for content involving minors.

Some media reports have further interpreted this by saying that starting next year, even sending indecent photos or videos in private chats could lead to legal penalties if reported and verified. The reports triggered fierce public debate.

Ji Ying, an associate professor of law at the University of International Business and Economics in Beijing, attributed the controversy to media misinterpretations. She noted that the existing law already bans spreading obscene content via computer networks, telephones and other tools, and the revised version only removes the term "computer" to cover emerging channels.

The revised law will target mass distribution, group sharing or dissemination to minors, and one-on-one private exchanges between relatives and friends will not be targeted, as this would contradict legislative intent and waste judicial resources, she said.

"China has mature standards and procedures for identifying obscene materials. It is critical to clarify that 'obscene' does not equal 'indecent'," Ji said.

Ji emphasized that since the provision does not distinguish between "public dissemination" and "private communication" or set explicit exceptions, clear guiding principles must govern enforcement of the law. Private communications are entitled to freedom and confidentiality, and authorities should avoid excessive intervention to prevent grassroots over-enforcement or campaign-style law enforcement, she added.

Zhu Wei, an associate professor at China University of Political Science and Law, addressed public fears that private or closed-group indecent content exchanges could be deemed illegal without qualifying criteria like "serious circumstances" or "dissemination to unspecified recipients".

He dismissed such concerns as misplaced, saying that classifying private communications as unlawful would create law enforcement hurdles, because accessing personal device data requires strict procedures, including official investigation documents or legal warrants, under existing laws.

Zhu stressed that the legislation is targeted and pragmatic, designed to protect minors and safeguard online ecosystems. While the law's intention to enhance public security is sound, further refinements and categorization are needed for effective enforcement, Zhu added.

Ji, the UIBE associate professor, pointed out that the controversy reflects a disconnect between professional legal logic and public perceptions.

"Public opinions were solicited throughout the revision process to ensure transparency and democracy," Ji said, calling for authorities to provide timely and plain-language interpretations. "Mastering legal terminology is not a public obligation."

In late November, Article 136 of the revised law — on sealing of public security administrative penalty records, including those related to drug use — also sparked widespread debate. Many people worried that it may condone illegal activities and undermine social security.

The Legislative Affairs Commission of the Standing Committee of the National People's Congress clarified on Wednesday that record sealing is an information regulation measure, not a punishment. It aims to standardize the management of violation information and prevent individuals from being "permanently restricted for a single penalty".

Sealing doesn't mean erasing records, and relevant information will remain on file but cannot be arbitrarily asked about, provided or disclosed, the commission said.

According to China's legal system, illegal drug use is considered to be an illegal act, not a criminal offense. The country punishes drug-related crimes according to the Criminal Law, which stipulates that the crimes of "smuggling, trafficking, transpor-ting and manufacturing drugs" carry a maximum penalty of death.

China's attitude, measures and systems for punishing and combating drug-related crimes remain unchanged, and there is no relaxation of anti-drug efforts, the commission said, adding that China is one of the most stringent in the world when it comes to punishing drug-related offenses.

Cao Yin contributed to this story.

yangzekun@chinadaily.com.cn