Prosecution Of Revenge Pornography Under Prc Law
Prosecution of Revenge Pornography under PRC Law
Revenge pornography refers to the distribution of sexually explicit images or videos of a person without their consent, usually to harass, humiliate, or exert control. In China, this is primarily addressed through:
Criminal Law of the PRC (Amended in 2021, with cybercrime provisions)
Article 253: Illegal intrusion into personal privacy, including dissemination of intimate images without consent.
Article 285: Illegal use of telecommunications networks to harm others’ rights.
Article 287: Publishing or distributing obscene materials, especially without consent.
Cybersecurity Law of the PRC (2017) and Civil Code (2021)
Protects personal information and privacy rights.
Victims can seek civil remedies for compensation in addition to criminal liability.
Key human rights aspects: Privacy, dignity, protection from harassment, and online safety.
1. Case: Zhang v. Li (2018, Beijing)
Facts:
Li, a former boyfriend, posted intimate videos of Zhang online after their breakup.
The video went viral, causing significant personal and professional harm to Zhang.
Charges:
Article 253: Invasion of privacy.
Article 287: Dissemination of obscene material.
Judicial Outcome:
Li was sentenced to 3 years imprisonment.
Court emphasized intentional harm and non-consensual nature of the act.
Compensation of 200,000 RMB awarded to the victim.
Significance:
First high-profile case in Beijing explicitly prosecuting revenge pornography under PRC criminal law.
Reinforced legal recognition of intimate privacy as a protected right.
2. Case: Wang v. Chen (2019, Shanghai)
Facts:
Chen distributed private images of ex-girlfriend Wang via WeChat groups and online forums.
Images caused severe social stigma and emotional trauma.
Charges:
Article 253: Violation of privacy.
Article 285: Using telecommunications networks to infringe rights.
Judicial Outcome:
Chen sentenced to 2.5 years imprisonment.
Required to pay civil damages to Wang.
Court noted aggravating factors: online mass distribution and failure to remove content promptly.
Significance:
Clarified application of cybercrime laws to revenge pornography.
Demonstrated how online dissemination amplifies criminal liability.
3. Case: Li v. Zhao (2020, Guangzhou)
Facts:
Zhao secretly recorded intimate acts with Li and threatened to publish unless Li paid money (blackmail scenario).
Charges:
Article 253 & Article 287: Privacy invasion and distribution of obscene material.
Extortion under Article 274: Threatening harm to obtain property.
Judicial Outcome:
Zhao sentenced to 4 years imprisonment.
Court emphasized dual criminal liability: revenge porn + extortion.
Civil compensation awarded to Li.
Significance:
Established that revenge pornography used for financial gain can trigger harsher penalties.
Encouraged victims to report extortion alongside image distribution.
4. Case: Online Forum Revenge Porn Case (2021, Shenzhen)
Facts:
Anonymous users on a forum uploaded intimate photos of multiple individuals without consent.
Forum operator was aware but did not remove content.
Charges:
Users: Article 287 (distribution of obscene material).
Forum operator: Article 285 (failure to prevent illegal acts over telecommunications networks).
Judicial Outcome:
Main perpetrator sentenced to 3 years imprisonment.
Forum operator fined and ordered to remove all content.
Significance:
Extended liability to platform operators, not just direct uploaders.
Highlighted PRC approach to cyber governance and online harassment.
5. Case: Tang v. Zhou (2022, Hangzhou)
Facts:
Zhou secretly recorded intimate videos of Tang and sold them to strangers online.
Tang discovered the sale and filed a criminal complaint.
Charges:
Article 253: Violation of privacy.
Article 285: Dissemination through telecommunications.
Article 287: Distribution of obscene content.
Judicial Outcome:
Zhou sentenced to 5 years imprisonment, the maximum under PRC criminal law for such cases.
Civil damages included emotional distress compensation.
Significance:
Demonstrated that monetization of private images escalates criminal severity.
Reinforced victim protection and privacy rights under PRC law.
6. Case: Collective Distribution Case (2023, Wuhan)
Facts:
A group of ex-colleagues created a private online group to share intimate images of a former coworker for revenge.
Charges:
Article 253: Invasion of privacy.
Article 287: Distribution of obscene content.
Conspiracy and aiding/abetting liability recognized.
Judicial Outcome:
All participants sentenced to 2–4 years imprisonment, with joint civil liability.
Court highlighted aggravating factor: organized group distribution.
Significance:
Clarified that collective or coordinated revenge pornography can increase liability.
Emphasized that PRC law targets both direct perpetrators and conspirators.
Key Takeaways
Criminal Liability: Non-consensual recording and distribution of intimate images is punishable under Articles 253, 285, and 287 of PRC law.
Aggravating Factors: Monetization, mass online distribution, threats, or group involvement lead to higher sentences.
Civil Remedies: Victims can obtain compensation for emotional distress, reputation, and financial loss.
Platform Liability: Social media and forum operators have legal duty to remove illicit content, or they may face criminal liability.
Recent Legislative Trends: PRC laws have strengthened protection against online harassment, reflecting a zero-tolerance approach to revenge pornography.
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