夫妻之间发私密照也算违法是误读

Core Viewpoint - The recent media reports suggesting that sharing intimate photos between couples constitutes a violation of the law are a misunderstanding. The new regulations set to take effect on January 1, 2026, are a revision of existing laws rather than a new rule [1] Summary by Relevant Sections Legal Framework - The revised Public Security Administration Punishment Law includes provisions against the dissemination of obscene materials via information networks, with penalties ranging from detention of 10 to 15 days and fines up to 5,000 yuan [1] - The law emphasizes that any individual who produces or disseminates obscene content, without constituting a crime, will face administrative penalties [1] Changes in Regulations - The new law modifies the terminology from "computer information network" to "information network," which some interpret as broadening the scope to include private messages and group shares. However, similar cases have already been penalized under existing laws [1] - The revised law increases the fines and stresses stricter penalties for violations involving minors [1] Misinterpretations and Clarifications - Claims that sharing inappropriate photos between friends or spouses is illegal are deemed inaccurate. Legal repercussions arise primarily when such content is shared with others or leads to widespread dissemination [1] - Distinctions are made between "inappropriate" and "obscene" content, with legal standards in place to determine what constitutes obscenity [1] Enforcement and Privacy Concerns - There are concerns about police monitoring of private conversations; however, law enforcement does not actively surveil private chats. Legal action is typically initiated based on reports and must rely on legally obtained evidence [1] - The essence of the law is to prohibit the creation, transportation, and dissemination of obscene content, targeting behaviors that disrupt social order without criminalizing private exchanges between individuals [1]