哪些情况下“发送私密信息”可能违法，律师详解

Core Viewpoint - The new regulations regarding the transmission of obscene information, effective from January 1, are not entirely new but rather an update to existing laws to better address modern communication methods and fill legal gaps [3][5]. Summary by Sections Legal Changes - The revised Public Security Administration Punishment Law, Article 80, stipulates that producing, transporting, copying, selling, renting obscene materials, or disseminating obscene information via information networks or other communication tools can result in detention of 10 to 15 days and fines up to 5,000 yuan; lighter offenses may incur detention of up to 5 days or fines between 1,000 and 3,000 yuan [3][4]. - Compared to the previous law, the new version broadens the scope from "computer information networks" to "information networks," reflecting advancements in technology and the need for updated legal language [3][4]. Enforcement and Penalties - The new law increases penalties for violations, raising the maximum fine for general offenses from 3,000 yuan to 5,000 yuan, and for lighter offenses from 500 yuan to between 1,000 and 3,000 yuan, enhancing legal deterrence [5]. - There is a specific emphasis on harsher penalties for offenses involving minors, aligning with the principles established in the revised Minor Protection Law [5]. Public Concerns and Clarifications - Concerns have arisen regarding the potential criminalization of private exchanges of intimate content between partners. However, legal experts clarify that the law distinguishes between "obscene information" and "private information," indicating that consensual sharing of non-obscene content is generally not subject to legal penalties [6]. - The law adheres to a principle of restraint, suggesting that private behaviors that do not disrupt social order are not overly regulated, although unauthorized sharing of private content could lead to privacy violations or criminal charges [6].