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哪些情况下“发送私密信息”可能违法,律师详解
Di Yi Cai Jing· 2025-12-23 12:03
Core Viewpoint - The new regulations under the amended Public Security Administration Punishment Law, effective January 1, 2024, clarify the distinction between "obscene information" and "private information," addressing concerns about the legality of sharing private content among friends and partners [1][4]. Summary by Sections Legal Changes - The amended law stipulates that the production, distribution, or transmission of obscene materials via information networks can result in detention of 10 to 15 days and fines up to 5,000 yuan, with lighter offenses facing up to 5 days of detention or fines between 1,000 and 3,000 yuan [1][3]. - The law has updated terminology from "computer information network" to "information network," reflecting advancements in technology since the previous law was enacted in 2005 [1][2]. 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 [3]. - There is a specific provision for harsher penalties when minors are involved, aligning with the principles established in the 2020 revision of the Minor Protection Law [3]. Public Concerns and Clarifications - Public anxiety regarding the potential criminalization of sharing private photos or videos among couples is noted, but legal experts clarify that the law targets "obscene information," not private exchanges that do not involve explicit content [4]. - The application of the law follows a principle of restraint, indicating that private behaviors that do not disrupt social order are generally not subject to legal intervention [4].