Some heading a We Chat group have been prosecuted under Article 364 of the Criminal Law, and its related judicial interpretation by the Supreme People’s Court and Procuratorate, punishing the dissemination of obscene materials.
In a recent case, from Zhejiang (, the head of the We Chat group called, in Chinese, “adultery” was criminally punished for failing to stop a group member from disseminating obscene material.
The court decided that the head of the group had a responsibility to supervise and examine what other group members posted and delete content if necessary.
You don't have ridiculous expectations of your friends like you do a spouse.".We Chat has become an extremely popular way for people in the mainland to communicate, and people (and companies) in Hong Kong use it to reach out to mainland friends and the mainland market.A small reminder to those whose names are registered with We Chat: there have been a number of reported criminal cases in which heads of We Chat groups have been prosecuted, although none so far involve people from Hong Kong or people posting on We Chat from Hong Kong.Setting aside the complicated questions of cross-border criminal liability – which require close examination – let’s look at what is set out in the mainland Criminal Law and some recent court reports.Users posting on We Chat have been prosecuted under various Criminal Law articles.