Online victims of sexual exploitation through digital means confront formidable challenges in seeking justice within Chinese legal system
In a recent turn of events, a Telegram channel called MaskPark has come to national attention, offering non-consensual content of Chinese women. The channel, which remained active as of last week, has since been removed by Telegram, but alternate channels have reportedly emerged.
The researcher at the University of Hong Kong, Dr. Joanne W.Y. Chung, who deals with violence against women and plays a role in supporting women exposed on the Telegram channel MaskPark, has been at the forefront of this issue.
In China, activists are finding Chinese-language channels on Telegram sharing non-consensual content. One such channel was found recently sharing photos aimed up women's skirts. Activists are calling for authorities to go after the posters, channel administrators, or even Telegram, and for a targeted law to address non-consensual sexual online content.
Legal scholar Jiahui Duan emphasises that while closing legal gaps is urgent, lasting change requires coordinated technological regulation, international cooperation, and comprehensive victim support. This sentiment is shared by activist Li Ling, who also researches gender-based violence, and notes that not all of the found channels are shut down immediately.
In a case in China in December, a college graduate received 10 days of administrative detention for disseminating obscene materials, but it did not go on their criminal record. The offense of disseminating obscene materials can result in two or more years of prison time, and cases where money is exchanged can bring three years in prison. However, activists argue that the charge of disseminating obscene materials is too broad and is being used to prosecute women writing romantic fiction deemed to be erotic.
In the United States, President Donald Trump signed a law with stricter penalties for people who distribute non-consensual videos, including ones generated by artificial intelligence. Similarly, the Korean government has revised laws to impose stricter penalties on people who distribute non-consensual content. The revised Korean laws require platforms located in South Korea to police the content on their servers.
Notably, in 2020, a similar case involving a Telegram channel called Nth room was discovered in South Korea, leading to arrests and a 40-year sentence for the man behind it. Last year, French authorities arrested Pavel Durov, the founder of Telegram, over charges that the platform was being used for criminal activity. His case is pending.
One woman, known as Ms. D, has come forward about MaskPark. She found images of herself on the channel. When she reported the case to police, she found the images had been deleted. She consulted with lawyers but found there is no law in China specifically addressing what had occurred.
As the debate on non-consensual content online continues, it is clear that coordinated efforts from technology companies, governments, and activists are necessary to ensure the safety and rights of individuals in the digital age.
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