Maskpark and the “Covert Filming” Industry Behind it

Thousands of non-consensual intimate images and videos of Chinese women have been anonymously shared on “MaskPark”, a Telegram-based group with over 100,000 subscribers, according to an investigative report from Southern Metropolis Daily. Users distributed content ranging from upskirt photos taken on subways and hidden-camera footage from hotels and rental apartments to videos of drug-facilitated assaults, including one instance of a father coldly recording the rape of his own daughter. 

MaskPark has exposed a flourishing black market of “covert filming” in China. Tutorials on secret recording, sales of disguised cameras hidden in everyday objects such as chargers or clothing hooks, and advertisements for illicit sedatives used to render women unconscious are rampant on underground pornography sites as well as in encrypted Telegram groups. As of the time of writing, however, there has been no news regarding the punishment or even the arrest of those responsible. What makes holding them accountable so difficult? Despite the encrypted nature of these platforms, a point covered by many news outlets, this analysis argues that the current legal framework fails to effectively protect victims, and that this failure is a fundamental reason for the rampant covert filming industry.

Inadequate legal framework

The current legal framework operates on three levels. When a violation occurs, the victim can first report the incident to the police. If the evidence is confirmed, the police may impose administrative penalties. The victim also has the right to initiate civil litigation to claim compensation or pursue criminal charges, which could lead to imprisonment.

Administrative Punishments

According to Article 42 of the Law of the People's Republic of China on Penalties for Administration of Public Security(click for reference and legal analysis), individuals involved in acts such as peeping or secretly photographing others' privacy face minor administrative penalties. The typical punishment is a maximum of five days of detention or a nominal fine of up to 500 yuan. When “circumstances are relatively serious”, a category applied when the violation has a wide spread, significant social impact, or fringes upon the privacy of numerous individuals, the maximum penalty is limited to 5 to 10 days of detention alongside a fine of no more than 500 yuan. This is the most common approach, yet it fails to deter offenders because the punishment is disproportionately lenient.

Civil Liability:

According to Civil Code of the People's Republic of China article 1083, victims have the right to initiate civil litigation against the perpetrators to seek compensation. 

However, pursuing this path is often impractical for victims. The legal process is lengthy and arduous, requiring a major investment of time and energy. Furthermore, many victims are unwilling to endure the additional social pressure and psychological trauma of a public trial, which forces them to relive the violation.

Criminal Prosecution:

According to Criminal Law of the People's Republic of China, potential charges could theoretically be based on laws against profiting from the sale of illegal videos(Article 363) or using specialized espionage equipment for illegal eavesdropping or photography (Article 284). In practice, however, criminal punishment is exceptionally rare and difficult to achieve due to these high legal and evidential barriers. The clandestine nature of relevant activities makes evidence collection extremely difficult. There are also challenges in legally certifying whether a device qualifies as "specialized espionage equipment" and in meeting the high, often ambiguous threshold for what constitutes "serious consequences". 

The Chinese law, as it stands, is designed to uphold social stability by responding to the most extreme and publicly scandalous cases rather than to proactively protect citizens' fundamental right to privacy and bodily autonomy. This has resulted in the trivial administrative penalties, the burdensome civil route, and the prohibitively high threshold of criminal justice. Until these issues are addressed, the covert filming industry is unlikely to be effectively eradicated.

Written by: Ma Yansheng