China has introduced a new draft cybercrime bill that includes enhanced penalties, such as post-sentence exit bans for convicted individuals. While aiming to bolster efforts against online fraud and cybercriminal activities, the legislation has drawn criticism from rights groups who fear it could stifle free expression and limit access to information.
The draft Cybercrime Prevention and Control Law, open for public comment until next month, seeks to significantly escalate measures against cybercriminals. A key provision is the imposition of exit bans on convicted Chinese citizens, preventing them from leaving the country for up to three years after completing their sentences. This measure is intended to strengthen China’s defenses against cross-border online fraud, complementing existing laws like the Anti-Telecom and Online Fraud Law.
The legislation broadens the scope of punishable actions to include not only direct cybercriminal acts but also those who facilitate them. This encompasses businesses providing payment platforms, servers, accounts, or advertisements, as well as individuals involved in recruitment for cybercriminal operations.
Rights advocates and observers have voiced significant concerns regarding the potential implications of the bill on fundamental freedoms. Specifically, clauses targeting “spreading fake news and fabricated information” and publishing content that “goes against public order and accepted social morals to gain traffic or advertising revenue” are seen as particularly problematic. Critics argue that these provisions are vague and could be broadly interpreted to suppress legitimate dissent, journalistic activities, and the free flow of information online. The use of exit bans, often implemented without prior notification until an individual attempts to leave the country, further fuels worries about arbitrary restrictions on personal liberty.