Illegal spy cameras trap unwary guests

Lawsuits option

Wang Deshan, an associate professor of law at Capital University of Economics and Business in Beijing, suggested that illegal filming could be included in the Criminal Law.

"To address the problem, it is reasonable to include the offense in the Criminal Law. However, the Criminal Law is designed to punish those who cause severe harm to society as a whole, so legislators also have to be very careful in determining if the hidden cameras are installed in private places, how many victims are involved and if the perpetrator has violated the law before. All these must be considered," Wang said.

According to Zhang, victims of illegal photography can file civil lawsuits against perpetrators, but those who advocate restricting access to hidden cameras are likely to be disappointed.

Buying spy cameras online is easy, despite the fact that it is illegal in China to produce and sell "espionage equipment" that can be used to secretly monitor and photograph people.

A search on Taobao and many other online stores for "micro-camera shooting" produces multiple hits. Sales of the small, square, black cameras have also been booming at many bricks-and-mortar stores, including those in Huaqiangbei, an area in Shenzhen known for selling electrical goods, according to a report on July 19 by State broadcaster China Central Television. The report documented vendors selling secret cameras disguised as pens, lighters, clothes hangers and water bottles.

Most of them cost less than 300 yuan.

"It is illegal to produce and sell pinhole cameras without permission from the relevant State departments in China," Wang said, referring to a 2015 regulation banning the production, sale and use of "espionage equipment", including spy cameras, without government permission.

In January, the Ministry of Commerce introduced an administrative regulation on e-commerce, prohibiting the sale of such equipment online.

Under the regulation, once an e-commerce platform discovers illegal sales of spy cameras, it is responsible for taking necessary measures and reporting such activity to the authorities.

Wang said the evolution of digital technology has prompted massive demand for hidden cameras. More important, the huge profits that can be made can encourage some retailers to break the law.

"But in practice, few perpetrators are prosecuted for the illegal production and sale of secret cameras. What is plain to see is the difficulty of detecting such secretive gadgets, but there is also lax law enforcement."

Difficulties such as these have left many people frustrated - especially over the lack of privacy for women, the most frequent targets of spy cameras.

From 2015 to last year, more than 100 women were secretly filmed by "Mr Hang", a prominent name online. He sold the videos to a pornographic website for 200 yuan each, earning a total of 600,000 yuan.

He was arrested in January last year and sentenced to 11 years in prison with a 400,000 yuan fine for producing and selling intimate videos online.

The difference in this case was that "Mr Hang" appeared in many of the videos.

His job required him to travel widely, and he took young women he ran into at airports or high-class restaurants to his hotel room, where he had installed hidden cameras facing the bed.

Until they were recognized, the women were unaware that they were being filmed.

"A lot of the victims found out through others who had seen the footage," said Kong Weiwei, founder of the Xiaohongmao Charity.

The nonprofit organization is dedicated to detecting and uncovering "bad pick-up artist groups", a label commonly given in China to those helping men find women for anything from casual to long-term relationships.

According to Legal Daily, such groups offer instructions in cajoling, duping and even threatening women with intimate videos to procure sex and/or payoffs.

Kong's charity program, established in 2017, has helped more than 350 women. Many of the victims approached her and told how they had been tricked.

Many of them feel so "daunted and frightened" that they cannot continue their normal social activities, Kong said. "In extreme cases, the women even commit suicide."

"More than 90 percent of women targeted by these men... are secretly filmed," the 29-year-old said, adding, "But few of them go to the police, because they feel ashamed of being exposed online." Kong said she has long encouraged women to take legal action to protect their rights.

"Some of them tend to blame themselves for having no sense of self-protection, rather than resorting to the law. I think women should stand up (for themselves). The more cases that are reported to the police, the more this will grab the attention of legal departments. This in turn will promote social governance, which was also one of the reasons I founded Xiaohongmao."