It is against the law, according to Article 42 of the Law of the People's Republic of China on Punishment for Public Security Administration of the People's Republic of China*** and the State of China: Anyone who commits any of the following acts shall be sentenced to detention of not more than five days or a fine of not more than 500 yuan; if the circumstances are more serious, he or she shall be sentenced to detention of not less than five but not more than 10 days, and may be sentenced to a fine of not more than 500 yuan:
(1) Writes a threatening letter or threatens another person's personal safety in any other way;
(ii) publicly insulting another person or fabricating facts to slander another person;
(iii) fabricating facts to falsely accuse another person in an attempt to subject him to criminal prosecution or public security management punishment;
(iv) threatening, insulting, beating or retaliating against witnesses and their close relatives;
(v) repeatedly sending obscene, insulting, intimidating or other information that interferes with the normal life of others;
(vi) peeping, filming, eavesdropping, spreading the privacy of others.
Expanded Information
According to the Supreme People's Court Provisions on Evidence in Civil Litigation (hereinafter referred to as "the Provisions"), certain "clandestine photographing and recording" can be used as evidence, and it is also inferred that the media may also be legally authorized to conduct interviews in the form of clandestine photographing and recording. The media may also be legalized to conduct interviews in the form of clandestine filming and recording.
Whether or not "secretly filmed and recorded" information can be used as evidence, or whether or not "secretly filmed and recorded" interviews are legal, is indeed a sensitive issue that has attracted attention, and the media's focus on such a topic is also professionally sensitive. However, a careful reading of the provisions of the High Court of Justice, but there are some more important provisions than the "secretly filming and recording" is worth noting.
For example, the provisions of the regulations, in eight cases, civil litigation will apply the principle of "reversal of the burden of proof", that is to say, to be sued by the party "self-evidence". Such as in medical disputes, the patient does not have to collect evidence to prove that the hospital's fault, but the hospital must provide evidence to prove that its medical behavior and the patient's damage results of the causal relationship between the non-existence of medical negligence, or the hospital will lose the case.
This new rule is a boon to all of us, because we have all been patients or will be patients sooner or later, and all of us are likely to be victims of medical malpractice. We all know that in a doctor-patient dispute, it is almost impossible for patients to collect evidence to prove that the hospital is at fault, so under the principle of "who claims, who proves", patients often become the weakest in court.
Baidu Encyclopedia: Law of the People's Republic of China on Public Security Administration Punishments