Voyeurism: the filthy desires behind those despicable people

[2] Compiled from: Sohu News, Yangtze Evening News
 
Case review
[3] 1. A man in Fuzhou [4] Installed cameras in 4 hotels, with over 600 victims
[5] Chen purchased four sets of pinhole camera equipment online. Starting in July 2019, he installed pinhole cameras in guest rooms of four hotels in downtown Fuzhou, using an app to remotely view, record, and store videos of others, including over 40 sex videos, involving more than 600 victims. Chen's actions severely violated the victims' personal privacy and harmed social order and public morals.

 
 

[6] After the incident, Chen was arrested by police, and the installed pinhole cameras were removed. Currently, Chen has been prosecuted by the Gulou District Court for illegally using specialized窃照 equipment.
 
2. A man secretly filmed his female roommate in the bathroom for a year, only receiving administrative detention. 9日
3. On the morning of June 27, 2020, Xiao Ding got up to take a shower. While spacing out in the shower, her attention was drawn to a cabinet opposite the shower stall. A sachet was stuck in one of the cabinet doors. Since the bathroom was shared by tenants, no one stored items there, and personal toiletries were taken away after use. Suspicious of the sachet, Xiao Ding approached to inspect it and discovered a pinhole camera hidden in the partition of the cabinet door. She immediately called the police.
 
4. The police found that the surveillance camera had no wireless transmission function, meaning the perpetrator had to retrieve the memory card periodically. Upon examining the memory card, the police saw footage of Xiao Ding’s male roommate, Song, adjusting the camera. According to Song’s confession, he had been secretly filming for a year. Ultimately, Song was sentenced to nine days of administrative detention for violating others’ privacy.

 

 
5. Current legislative status on voyeurism in China
一、 Public Security Administration Punishments Law of the People's Republic of China
6. Article 42 of the Public Security Administration Punishments Law stipulates: “Anyone who commits any of the following acts shall be detained for up to five days or fined up to 500 yuan; if the circumstances are serious, they shall be detained for between five and ten days and may also be fined up to 500 yuan: … (6) Peeping, secretly photographing, eavesdropping, or disseminating others’ privacy.”
 
二、 "Criminal Law of the People's Republic of China"
The Criminal Law does not directly include a provision for "up-skirt photography," but if other actions follow the act, it may constitute a crime, as follows:
 
1. If accompanied by malicious dissemination with insulting language, it may violate Article 246, Paragraph 1 of the Criminal Law: "Whoever publicly insults another person by violence or other methods, or fabricates facts to slander another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights."
 
2. If accompanied by physical contact or threats of physical contact, it may violate Article 237 of the Criminal Law: "Whoever forcibly commits indecency or insults a woman by violence, coercion, or other methods shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever gathers a crowd to commit the crime in the preceding paragraph in a public place, or commits other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Whoever commits indecency against a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs."
 
3. If accompanied by selling or extorting the victim using private photos, it may violate Article 274 of the Criminal Law: "Whoever extorts public or private property, if the amount is relatively large or if there are multiple acts of extortion, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also, or shall only, be fined; if the amount is huge or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is especially huge or if there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years, and shall also be fined."
 
4. If accompanied by the use of improper equipment, it may violate Article 284 of the Criminal Law: "Whoever illegally uses special equipment for eavesdropping or secret photography, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention, or public surveillance."
 
III. The Tort Liability Law of the People's Republic of China
According to Articles 2 and 15 of the Tort Liability Law, infringement of civil rights and interests such as the right to privacy shall bear tort liability; the main methods of assuming liability include cessation of infringement, removal of obstacles, compensation for losses, apology, elimination of adverse effects, and restoration of reputation, among others.

 

 
[1] The author's perspective
In modern society, with the development of technology, in addition to common pinhole cameras, the use of mobile phone cameras for covert recording has gradually become "popular." Subways, buses, escalators in shopping malls, and staircases have become the hardest-hit areas for a new wave of covert recording. A simple online search can easily purchase criminal tools. This easy access, combined with the minor penalties for such crimes, reduces the cost of committing covert recording for perpetrators and makes it even easier for them to commit such offenses.
 
From a legal perspective, China's penalties for "covert recording" are indeed notably lenient. At this year's Two Sessions, member Hua Yawei proposed adding the crime of "infringement of citizens' personal privacy" to the Criminal Law to combat covert recording. At that time, the Weibo topic "Suggest making voyeurism and covert recording criminal offenses" garnered up to 66,000 discussions, indicating that domestic public opinion aligns with legislative needs.
 
The author hopes that every girl or boy who has been covertly recorded will not have to swallow their anger or settle matters quietly, and that the law can become a solid support for victims.