No free choice: China plans to ban morally offensive clothing

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According to the draft law, people who wear anything that “harms the spirit of the Chinese people” could be fined or even imprisoned.

Under a general law against causing trouble, China can already punish anyone who wears clothing or banners with controversial messages. The new law will also allow authorities to impose fines and even imprisonment on people whose clothing is said to be immoral.

What clothing items are included?

It remains unclear in the draft law which clothing items this situation applies to. Therefore, the relevant definition will be left to the authorities. Many lawyers in the country have already expressed concerns about the bill.

Videos circulating on Chinese online networks earlier this month showed things that could be considered offensive. They showed a man being questioned by police in the Shenzhen metropolis for filming himself wearing a skirt. Some Internet users defended police intervention, arguing that the man’s behavior embarrassed others. On Chinese platform Weibo, someone wrote: “This is against public morality.”

“The penalty norm is too vague” creates uncertainty

Lao Dongyan, a lawyer at Tsinghua University, warns that the draft law contains “an overly vague criminal norm that opens the door to arbitrary expansion of criminal prosecution.” Most citizens interviewed by AFP in Beijing expressed similar sentiments, but also said the law was primarily against wearing Japanese clothing on historical dates or places.

In 2021, pro-state tabloid newspaper “Global Times” reported an incident in which a woman wore a kimono in public on Memorial Day for victims of Japanese war crimes. Last year, another woman reported being arrested while wearing a kimono for a photo shoot in the city of Suzhou.

The 23-year-old from Beijing himself cites “special situations” that justify restrictions on his free choice of clothing, such as “100 percent deliberate and offensive” behavior in front of certain monuments or on certain days. must be punished.” However, from the perspective of young women, “carefully considered” criteria need to be established in the law. And the consultation period planned until September 30 may not be enough for this.

Yang Shuo, a 25-year-old programmer, also said: “If someone wears a kimono at the Nanjing massacre memorial of Japanese invaders, I think it will cause serious psychological harm to the Chinese people.” This type of behavior should be punished.

“There are historical reasons, and I think the feelings of local people should be taken into account,” said Gu, 35. However, in his opinion, it is not necessary to punish wearing clothes in most cases, for example “if someone wears a kimono while shopping”.

Jeremy Daum of the Paul Tsai China Center at Yale University expects the bill to further accommodate attire deemed offensive at national commemorations of historic events. «It is quite clear that after all the public comments the language is still very much modified. “It will probably focus on heroes, martyrs and party history.” (afp/kr/yb)

Source : Blick