Text messages sent from cell phones may be treated as sexual harassment, Beijing lawmakers ruled yesterday.
"It is forbidden to sexually harass women through language, letters, images, electronic information or physical conduct," according to the Draft Regulation of Beijing Municipality on Implementing the Law on the Protection of Rights and Interests of Women.
Meng Xiansheng, a lawyer at Beijing Ren He Law Firm, said there are three criteria used to define sexual harassment. First, the target of the conduct must be female. Second, the conduct must be against the woman's will. Third, the conduct must involve sexual advances.
Conduct is deemed sexual harassment only when all the above three criteria are met. For instance, if a boss sends a lewd text message to a female employee and disturbs her, or if a man tells lewd jokes at the workplace and disturbs the work of a female colleague, or if a man touches a woman in a public venue and upsets her, the conduct is treated as sexual harassment.
However, Meng said, such conduct would not be seen as sexual harassment if the woman does not object. And in public venues, if the lewd joke does not target a specific female, it would not be treated as an offence.
If a woman is disturbed by lewd jokes heard at her workplace or by pornographic photographs received online, but does not lodge a formal protest, the conduct would not be seen as sexual harassment.
Only if a woman makes an explicit complaint and is ignored by the man, can conduct be defined as sexual harassment, Zhou said.
According to the draft regulation, a woman suffering from sexual harassment may directly file a lawsuit, or lodge a complaint at her work unit, the infringer's work unit, or the women's federation. Work units and public venues are required to adopt measures to prevent and deter sexual harassment as far as is practical.
"Such measures include installing cameras in public venues such as elevators, or installing windows in private rooms at karaoke bars," said Zhou Jidong, Director of Beijing Municipal Legislative Affairs Office.
In 2005, China passed a Law on the Protection of Rights and Interests of Women that explicitly outlawed sexual harassment of women. But the law contained no specific definition of sexual harassment. Beijing law enforcers say the new draft regulation will provide practical guidance for their work.
(China.org.cn, China Daily, May 22, 2009)
