情侣私聊发送不雅照到底罚不罚？法学博士有话说

Core Viewpoint - The new Public Security Administration Punishment Law, effective from January 1, 2026, will criminalize private dissemination of inappropriate photos, which was previously not punishable under the law. However, the law does not change the existing regulations regarding private sharing, and penalties have been increased for violations [1][2]. Group 1 - The new law categorizes both public and private dissemination of inappropriate content under the same legal framework, meaning that both have always been illegal, but the penalties have been adjusted [1]. - The law does not specify all possible punishment scenarios, but it is indicated that private sharing of a small number of inappropriate photos typically does not lead to penalties, especially when it occurs within intimate relationships [2][3]. - Only severe cases involving widespread, repeated, or public dissemination of inappropriate content will likely result in punishment [3]. Group 2 - The definition of obscene materials under the law includes explicit depictions of sexual acts or overtly sexual content, while scientific works related to human physiology and medicine are not classified as obscene [4][5]. - Artistic works with sexual content that possess artistic value are also exempt from being classified as obscene [6]. - Not all private or inappropriate photos are considered obscene; only those that explicitly promote sexual content and have an educational intent can be classified as such [7]. Group 3 - The determination of whether an action is illegal involves both the existence of legal provisions and whether the action infringes on legal interests. Factors such as the audience, scope, frequency, context, and intent of the dissemination are considered [9]. - Private exchanges of inappropriate photos between couples typically do not affect others' lives and are generally not subject to penalties, as they are seen as private matters [9]. - However, if inappropriate content is shared widely, affecting the normal lives of others, it may lead to legal consequences [9].