"Even One-on-One Transmission Between Spouses or Partners Punishable?"... China Takes Hardline on 'Pornography Distribution'

China Expands Pornography Regulations to All Private Exchanges
Criticism Mounts Over "Excessive Punishment for Private Conversations Between Spouses and Partners"

Going forward in China, even a single sexually explicit photo exchanged between friends or romantic partners can result in detention for 10 to 15 days and a fine of up to 5,000 yuan (approximately 1 million won). As Chinese authorities finalize legal amendments expanding the regulation of online pornography distribution to include private one-on-one transmissions, controversy is growing over privacy violations and excessive regulation.

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According to Hong Kong’s Sing Tao Daily and Ming Pao on December 24, China will implement the revised "Public Security Administration Punishments Law" starting January 1. The amended law defines the distribution of sexually explicit photos and videos through any means of communication, including the internet and telephone, as illegal. It explicitly includes not only large-scale distribution but also transmission between individuals as punishable offenses.

"Transmission Between Spouses and Partners Also Punishable"... How Far Will China’s Pornography Regulations Go?

The core of this revision is the significant expansion of the scope of punishable pornography distribution. Not only group chat rooms or public platforms, but even if such content is sent in a private one-on-one conversation between friends, acquaintances, or romantic partners, law enforcement authorities can initiate punitive procedures if detected.

The severity of penalties has also increased. For serious cases, the maximum fine has been raised from the previous 3,000 yuan (about 630,000 won) to 5,000 yuan (about 1.06 million won), and even for minor cases, fines can now be imposed up to 3,000 yuan, compared to the previous limit of 500 yuan. According to the legal text, if an act is deemed "distribution of pornography," punishment can be imposed regardless of the scale of distribution or the closeness of the relationship between the parties involved.

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Chinese authorities claim this measure is intended to respond strongly to pornography crimes involving minors, but the amended law explicitly states that all acts of transmitting pornography online will be comprehensively regulated, fueling further controversy.

"Regulating Even Private Conversations"... Backlash from Legal Circles and Public Opinion

There is growing criticism among local legal professionals that this constitutes excessive infringement of privacy. Zhao Liangshan, a lawyer at Hengda Law Firm in Shaanxi Province, told Ming Pao, "The biggest problem is that the law can define even private transmissions between friends, spouses, or romantic partners as illegal," adding, "There is significant room for arbitrary judgment in the enforcement process."

Hu Xijin, a prominent government-affiliated commentator and former editor-in-chief of the state-run Global Times, also criticized the move, saying, "Interpreting even affectionate or playful messages between spouses or romantic partners as 'distribution of pornography' is an excessive and overly broad application," and questioned, "It is doubtful whether the birth rate can be raised in such an environment."

While Chinese authorities emphasize the protection of minors and the maintenance of online order, some see this measure as a turning point where regulation extends beyond public spaces into the realm of private conversations. Hong Kong media have noted, "The trend of online control is now permeating the sphere of personal communication," forecasting social debate over the enforcement process.