New regulations on sending explicit content to be enforced starting January 2026 in China
China will implement the revised Public Security Administration Punishments Law from January 1, 2026, which targets the transmission of obscene photos or videos, including those shared in private one-to-one chats. Under the new provisions effective nationwide from Beijing where cross-border digital communication is significant. Individuals found guilty of sending explicit content may face administrative detention for up to 15 days. This legal amendment aims to tighten controls on digital safety and decency. Reflecting wider public concerns regarding online obscenity and its societal impact. The updated law addresses issues of traffic safety in messaging platforms and reduces ambiguities that existed in previous regulations concerning the context of dissemination.
The updated law responds to high-profile incidents involving misuse of private communications
Earlier this year, the so-called “Nanjing Hongjie incident” highlighted the dangers of unchecked dissemination of explicit material through digital devices and personal chats. A 38-year-old individual disguised as a woman was reported to have lured hundreds into sexual encounters. Secretly recording and distributing videos for financial gain. The footage rapidly spread online, causing widespread concern among authorities and the public alike. Cases like these have underscored the need to regulate not only public group chats but also private one-on-one messaging platforms such as WeChat, which are frequently used across China and Malaysian cities and other places where many migrant workers communicate. The incident has catalysed official action to address the gap in legal coverage concerning private digital transmissions.
Law enforcement outlines specific penalties and procedural actions for offenders
According to official statements, the revised Article 80 of the Public Security Administration Punishments Law stipulates. Individuals who produce, transport, reproduce, sell, rent, or disseminate obscene books, images, videos, or audio-visual materials, via internet, telephone, or other communication tools. May face detention periods ranging from 10 to 15 days and fines of up to 5,000 yuan (approximately RM2,894). Lesser infractions can lead to detention of five days or fines between 1,000 and 3,000 yuan (RM579 to RM1,736). Notably, the law removes the prior limitation on dissemination contexts, thereby encompassing both public and private transmissions, including one-to-one chats. Judicial interpretations by China’s Supreme People’s Court classify dissemination for profit exceeding 5,000 yuan as a criminal offence. With more severe sentences applying if earnings reach between 30,000 and 50,000 yuan (equivalent to RM17,364 to RM28,940). Moreover, cases involving minors attract significantly heavier penalties, aligning with China’s Law on the Protection of Minors. Relevant authorities have initiated administrative punishment procedures when conduct is verified through reports or investigations.
Public discussion reflects concerns over digital privacy and regulatory scope
Within social and digital media circles, the revised law has spurred discussion on balancing privacy rights against public interest in curbing obscenity and online harm. Observers highlight the challenge of monitoring and enforcing regulations on personal messaging apps widely used in Malaysia and China, such as WeChat. Industry commentators note that group chat administrators may also face legal responsibilities if they neglect to control the dissemination of explicit content within their groups. However, the consensus emphasises adherence to due process and clear evidentiary standards to prevent unjust penalties. The renewed focus on digital safety reflects broader regional efforts to establish safer online environments amid growing internet penetration and technological adoption.
New regulations may impact digital communication practices and enforcement trends
In the short term, authorities anticipate increased reporting and investigation of offences related to the transmission of explicit material. Potentially affecting traffic on messaging platforms and heightening awareness of online conduct standards. Administrations both in China and neighbouring countries like Malaysia may enhance cross-border cooperation to address digital safety concerns. Over the long term, these legislative changes could influence the development of user safety protocols and engineering standards within communication technologies to better filter and regulate harmful content. Social education programmes might be emphasised to reinforce legal compliance and digital responsibility, particularly concerning minors. While this legal framework marks a shift in managing digital obscenity. Observed trends indicate ongoing adjustments to balance enforcement effectiveness with privacy and freedom of expression considerations.