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Measures for the Management of Online Games (Draft for Solicitation of Comments)

Chapter I: General

 

Article 1 [Legislative Purpose]These measures are formulated on the basis of the PRC Law on the Protection of Minors, the PRC Cybersecurity Law, the PRC Personal Information Protection Law, The Regulations on the Administration of Publication, and the Measures on the Management of the Internet Information Services, in order to strengthen the management of online games, to regulate order in the online game industry, to protect users' lawful rights and interests, to ensure the physical and psychological wellbeing of minors, and to promote the healthy and orderly development of the online gaming industry.

Article 2: [Scope of Application]These Measures apply to the publishing and operating of online games within the mainland territory of the PRC.

"Online game" as used in these Measures refers to game products and services comprised of software applications and information data that are provided to the public for download through information networks or that are used interactively online.

"Online game publication and business activities" as used in these Measures include the research and development, publication, and management of online games, the issuance and trade in online game currency, and other such activities.

Article 3: [Basic Principles]The engagement in online game publication and business activities shall comply with the Constitution and relevant laws, adhere to the direction of advanced socialist culture, persist in placing social efficacy at the forefront and prioritizing the protection of minors, and carrying forward the Core Socialist Values, to better satisfy the public's need for a good life.

Article 4: [The Duties of the Departments in Charge and Related Departments] The State department for publication is responsible for efforts on the oversight and management of online game publication and business activities throughout the nation.

County-level departments for publication are responsible for efforts on the oversight and management of online game publishing and business activities within that administrative region. Local people's governments at the county level or above, and their relevant departments, are to cooperate in completing efforts to regulate, investigate, and handle online games in accordance with their duties and division of labor.

Article 5: [Industry Self-Discipline organization] Social groups for the online gaming industry should carry out self-discipline and management in accordance with laws, administrative regulations, and rules, and under the guidance of the departments for publication.

Chapter II: The Establishment and Management of Online Game Publication and Business Units

Article 6: [Standards for Permitting and Entry of Online Game Publishing Units] To engage in online game publication activities, the following requirements should be met and an "Online Publication Services Permit" that includes online game publication in its scope is to be obtained through approval of the state department for publication:

(1) Have a confirmed unit name and charter;

(2) Have a fixed work premises;

(3) Have a confirmed domain name, smart terminal application, and other such platforms for online game publishing operations;

(4) Have the content review systems required for engaging in online game publishing operations;

(5) Have the technical equipment needed to engage in online game publication operations, and the related servers and storage equipment must be within the mainland territory of the PRC;

(6) Have a legal representative and primary responsible person that conform to state provisions; the legal representative must be a Chinese citizen with full civil capacity who has lived in mainland China for a long time; and at least one person of the legal representative and primary responsible person shall possess intermediate-level or higher professional qualifications as a publishing technical professional;

(7) Have at least 8 full-time editing publishers in addition to the legal representative and primary responsible person, who possess publishing and relevant professional technical qualifications recognized by the state department for publication, of whom at least 3 have intermediate-level or higher professional qualifications;

(8) Other conditions provided for by laws, administrative regulations, and provisions of the state departments for publication.

Article 7: [The Procedures for Review and Approval of Permits for Online Games Publishing Units] To engage in online publication activities, an application should be submitted to the local provincial-level publication department, and sent to the state department for publication for approval after it has been reviewed.

The state department for publication shall make a decision on whether or not to grant approval within 60 days of receiving the application. Where not approved, the reasons shall be explained.

Article 8: [Standards for Permitting and Entry of Online Gaming Business Units] To engage in online game business activities such as online game operations or the issuance or trading in online game currency, the following requirements should be met and an "Online Publication Services Permit" that includes online game business operations in its scope is to be obtained through approval of a provincial-level department for publication:

(1) Have a confirmed unit name and charter;

(2) Have a fixed work premises;

(3) Have a confirmed domain name, smart terminal application, and other such platforms for engaging in online game business operations;

(4) Have a confirmed scope of online game business operations;

(5) Have the necessary professional personnel, equipment, and technical management measures needed to engage in online game business activities; and the related servers and storage equipment must be kept within the mainland PRC;

(6) Other conditions provided by laws, administrative regulations, and the state publishing departments.

Article 9: [Procedures for the Review and Approval of Permits for Online Game Business Units]Engagement in online game businesses as well as online currency issuance and trading services should be reported to the local provincial-level publication department for review and approval.

The provincial-level publications department shall make a decision on whether or not to grant approval within 60 days of receiving an application. Where not approved, the reasons shall be explained.

Provincial-level publications departments should periodically report to the state department for publication on the review and approval of permits. The state department for publications should strengthen guidance and oversight of the work of provincial-level publications departments, and periodically conduct inspections of the approval of permits.

Article 10: 【Permit application materials】The following application materials should be provided to engage in activities such as online publication, business, and online game currency issuance and training:

(1) the "network publishing services permit application form";

(2) the unit's charter and proofs of the sources and nature of capital;

(3) An online game service business feasibility analysis report;

(4) The resume, address, and identification documents of the legal representative and primary responsible person;

(5) Proof of use of worksites;

(6) Proof of registration of website domain names, and pledges that related servers and storage equipment are within the mainland territory of the PRC;

(7) Other materials provided for by laws, administrative regulations, and the state department for publications and provincial-level publications departments.

Where engaging in online game publishing activities, in addition to the materials described above, proof of state-recognized professional qualifications for content review system, editorial, publication, and other relevant professional technical personnel shall also be provided.

Article 11: 【Changes and Announcements】Where online game publication and business units that have obtained Network Publication Service Permits for a scope of online game publication or online game business operations, modify the matters in their permit registration, capital structure, or ultimate actual controller, have a merger or division, or establish branch organizations, they should handle approval procedures in accordance with articles 7 and 9 of these Measures.

Online game publishing and business units shall engage in online publishing and business activities within the scope of approved operations.

Online game publishing and business units should display their Online Publication Services Permit information in conspicuous places such as their enterprise website, product client portals, and user service centers.

 

Chapter III: Online Game Publishing and Businesses

 

Article 12: [Online Game Approval System] Before online games are published and operated, the unit that has obtained a Network Publication Services Permit for the scope of online game publication operations is to submit an application to the local provincial-level publications department, and after its review and consent, are to report to the state department for publication for approval.

After online game publishing and operating units obtain online game approvals, they are to organize the game publication and operations in accordance with the requirements of the approval for within one year from the date on which the approval is issued; and where they cannot publish and operate within that period, they are to promptly explain the reasons in writing to the provincial-level department for publication.

Article 13: [Modifications and Re-applications] Where there is a substantive change to online game content that has already been approved for publication, or to the name of the game, to the publication unit or the primary operating body, the online game publishing unit shall perform the relevant approval formalities

Article 14: [Sale Prohibitions, version numbers]Online publication service permits, online game approval numbers, and publication numbers must not be transferred, rented, sold, bought, or indiscriminately applied by any unit or individual.

Article 15: 【Content Management System】Online game publication and business units should implement systems for the self-review of content, strengthening self-checking and management of publication and business conduct in accordance with state standards and specification requirements, to ensure the legality of online game content and the quality of publications.

Article 16: [Prohibitted Content] Online games must not contain the following content:

(1) that which opposes the basic principles determined by the Constitution;

(2) Those that harm national unity, sovereignty and territorial integrity;

(3) that divulging state secrets, endangering national security or harming national honour or interests;

(4) inciting ethnic hatred or ethnic discrimination, destroying ethnic unity, or infringing on ethnic customs and habits;

(5) That which undermines national religion policies or promotes cults and superstitions;

(6) that disseminating rumors, disrupting social order, or undermining social stability;

(7) advocating obscenity, sex, gambling, violence or instigating crime;

(8) that insulting or slandering other persons, infringing other persons’ lawful rights and interests;

(9) that which endangers social mores or the exceptional cultural traditions of the Chinese people;

(10) That which entices minors to imitate violations of social mores or illegal and criminal conduct;

(11) Horror and cruelty or other content that is harmful to minors' physical and psychological wellbeing;

(12) Other content and gameplay that is prohibited by laws or administrative regulations.

Online game publication and business units that operate or issue games abroad should conscientiously comply with prohibitions on gaming content, uphold the position of Chinese culture, and obey international rules and the laws of cultural transmission; they must not endanger national security or harm the nation's honor or interests.

Article 17: [Prohibition on Forced Matches] Online game publication and business units must not set up forced matches within online games.

Article 18: [Limiting excessive use and spending in Games]Online games must not set up enticing rewards such as for logging in each day, the first time adding money, or continuing to add money.

Online game publication and business units must not provide or tolerate exchanges in virtual props through means such as speculation or auction.

All games are required to establish limitations on the amounts of money that users can add, and give notice in their service rules, pop-up warnings and alerts should be used for users' unreasonable spending.

Article 19: [Labeling Specifications]When online games are published or operated, information labeling is to be completed: the complete text of the "Advice for Healthy Gaming" is to be placed in a conspicuous location before the game begins; on a dedicated page after the "Advice for Healthy Gaming, but before the game starts, and in a conspicuous location on the game's official page, indicate the game's copyright holder, the publishing unit, it's permit number, the primary operating unit, approval number, publication number, and other such information.

Article 20: [Verification obligations]Online game publication and business units must not authorize units that do not have online gaming business credentials to operate online games.

When online game business units operate games, they are required to verify whether the online games' approval documents are valid and whether information labels are made; they must not operate games that have not been approved or where information labels are not made. When units manufacturing smart terminals such as all types of cellphones, computers, televisions, or gaming devices pre-install online games, they are required to verify whether the online games' approval documents are valid and whether information is labeled, and they must not pre-install online games that have not been approved or that do not have information labeled.

Article 21: [Techincal Testing Specifications] Where online game operating units conduct beta testing before obtaining approval to publish from the state department for publication, they should ensure that the game content complies with the relevant requirements of these Measures; the number of test users must not exceed 20,000, and test user data is all to be deleted. Before each test begins, online game business units are to report the tests' name, scope, period, and user scale to the provincial-level department for publication, and give a pledge that the test content, accounts, and content are lawful.

Where online game beta testing has any of the following circumstances, it is to be viewed as operating an online game and is required to obtain a state department of publication approval number and publication number.

(1) where client terminal software that allows direct registration and sign-in to the servers is provided to the public;

(2) Where fees are collected from online game users;

(3) Where benefits are acquired through means such as commercial collaboration, advertising, and promotions;

(4) Where other conduct that should be viewed as operating an online game is carried out.

Article 22: [real-name registration] When online game publication and business units sign agreements with users or provide services, they shall require users to provide their real name information. Where users do not provide their real identity information, online game publication and business units must not provide them with the relevant services. Provisions on users' real name registration and log-in should be strictly implemented to ensure that users' identity information is true and valid.

Article 23: [Specifications for the Issuance of Game Currency] Engagement in the issuance of online game currency shall obey the following provisions:

(1) The scope of use for online games' currency is limited to the exchange of goods and services provided by that game, and may not be used to make payments, purchase real goods, or exchanged for other units' goods and services;

(2) The issuance of online game currency must not have the goal of maliciously occupying users' advance payments, the standards for issuing and purchasing online game currency should be transparent and reasonable;

(3) Services that exchange online game currency for legal currency must not be provided to users, except where online game publication and business units stop providing online game products and services, and online game currency that has not been used by users is returned as legal currency or through other means that the users accept.

(4) Records of online game users' purchases are to be preserved, and the preservation period must not be less than 2 years from the date of the users' acceptance of services.

Article 24: [Specifications on transactions in game currency] Engagement in online game currency transactions shall obey the following provisions:

(1) Transaction services must not be provided for games that have not been approved;

(2) Online game currency transactions should be engaged in through real-name digital RMB wallets, and anonymous digital RMB transactions must be provided to users;

(3) Technical measures should be employed to conduct effective regulation of transactions; illegal or suspect transactions must be promptly reported to the relevant departments to avoid facilitating online gambling, online fraud, and other illegal conduct online;

(4) After receiving notice from stakeholders, government departments, or judicial organs, assistance shall be provided in verifying the legality of transactions, and where they are found to be illegal, measures shall be immediately employed to stop the transaction service and store the related records;

(5) The storage of users' transaction records, account records, and other such information must not be for less than 2 years from the date on which the transaction occurred.

Article 25: [Specifications for Online Game Currency Issuance and Transaction Enterprises]A single enterprise must not concurrently do business in online currency issuance and online currency transaction services.

Article 26: [Regulation of the Issuance and Trading of Online Game Virtual Props] Online game publication and business units issuing or changing online game virtual props shall promptly announce the relevant information on the online game's official home page or in a conspicuous place inside the game, and the issuance or purchase standards are to be transparent and reasonable.

Online game publication and business units must not exchange online game virtual props obtained by users for legal currency, and where small real items are exchanged for online game virtual props, the content and value of the real items shall comply with the state's relevant laws and regulations.

Where online game publication and business units provide platformized services for users to trade online game virtual props with each other, it is to be carried out in accordance with the provisions of article 24 of these Measures on online game virtual props.

Virtual props issued by online game publication and business units that are directly purchased by users with legal currency or purchased or exchanged using online game currency, and that also have the function of being directly exchanged for other virtual props or value-added services in the game, are to be managed as online game currency.

Article 27: 【Random Draws】When online game publication and business units provide random drawing services, they should establish reasonable settings for the number of draws and the odds, and must not induce excessive consumption by online game users. At the same time, users should be provided with other methods of obtaining virtual props and value-added services of the same character, such as through virtual prop exchanges and direct purchases using online game currency.

Article 28: [Pohibition on Providing Payment Services for Illegal Games] Payment services must not be provided by any unit for illegal online games and illegal online game business activities.

Where payment services are provided in violation of the preceding paragraph, the relevant departments are to address it in accordance with law.

Article 29: [Regulation of Publicity and Promotion]Units that provide publicity and promotion services for online games shall check the relevant documentation of the service recipients and the advertising content, they must not publish advertisements for online games that have noncompliant content or incomplete documentation. High-value tipping is not allowed in online game livestreaming. Promotions for online games shall not contain the content listed in Article 16 of these Measures and other content prohibited by laws and regulations.

Article 30: [Addressing and Reporting of Illegal Content Discovered] Online game publication and business units should strengthen the management of information publication and strictly implement institutional measures aimed at information published by users in the game, such as for information security review and blocking and filtering illegal information; where content that violates laws or regulations is discovered in online games, it shall be deleted immediately with the relevant stored. and reported to the local publications department at the county level or above.

For users who publish illegal information in online games, the online game publication and business units shall stop providing relevant services in accordance with the law and agreements, keep relevant records, and report to the local publishing authority at the county level or above.

Article 31: [Protection of Network and Personal Information Security] Online game publication and business units shall employ measures to ensure online information security in accordance with laws and administrative regulations, and to protect state secrets, commercial secrets, and users' personal information in accordance with law.

Where online game publication and business units handle users' personal information through the networks, they shall follow the principles of legality, legitimacy, necessity, and good faith; disclose special handling rules; clearly state the purpose, methods, and scope of handling; and give notice of relevant matters provided for in laws and administrative regulations in accordance with law.

Article 32: [Anti-trust and unfair competition] Online game publication and business units must not implement monopolies and acts of unfair competition, obstructing the order of fair market competition.

Where online game publication and business units carry out monopolistic conduct in violation of relevant laws, it is to be addressed by the anti-monopoly law enforcement bodies in accordance with law.

Article 33: [User Agreements and Online Game Rules]Online game publication and business units shall follow the principles of fairness and equity, sign service agreements with users, and clarify service rules, user rights protections, personal information protections, and rights and obligations in other areas.

Article 34: [Addressing Disputes] Online game publication and business units shall protect the lawful rights and interests of online game users, and publish dispute resolution methods in a prominent position on the website that provides services. Where a dispute arises between the two parties that cannot be resolved through negotiation, they may apply for arbitration or initiate a lawsuit in the People's Court in accordance with law.

Article 35: 【Credit system】The state department for publishing is to establish an online gaming credit system, entering online game publication and business units that violate laws and regulations on a warning list, implementing mechanisms that combine pre-examination and approval with ongoing and ex-post regulation, and implementing credit restraints against online game publication and business units that violate laws and regulations and the related persons responsible.

Article 36: 【Ending Operations】Where online game publication and business units stop publication or operation of online games, they should make an announcement at least 60 days in advance and handle deregistration procedures with the local provincial-level publications department, and the provincial-level publications department should report it to be filed with the state department for publications. For online game users’ unused online game currency and unexpired game services, the online game operating unit shall give refunds to users in legal currency or other forms acceptable to the users, in accordance with the rate at the time of the users' purchases.

Where online game services are suspended for over 30 consecutive days due to the cessation of service access, technical failures, or other reasons related to the online game operating unit, it will be viewed as a termination.

 

Chapter IV: Protection of Minors

 

Article 37: [Entities implementing protections for minors] The protection of minor users in online games is the joint responsibility of the minors' guardians, the publications departments, the online game publication and business units, and all aspects of society.

Article 38: [Relevant responsibilities of competent departments] The publications departments are to oversee online game service providers' implementation of provisions related to preventing minors from becoming addicted to online games, collaborate with relevant departments to correct violations in accordance with law, carry out related publicity and education, and guide families, schools, and social organizations to employ effective measures to prevent and intervene in minor's addiction to online games.

Article 39: [Requirements for Time and Duration/ Spending] Online game publication and business units should obey the following provisions in accordance with relevant laws and regulations:

(1) Strictly control the times and duration of minor's use of online games;

(2) Minors should be prohibited from logging in to games that easily lead to addiction or contain content that is not suitable for minors;

(3) Strictly implement the restrictive requirements for providing paid services to minors and reasonably limit the amount minors of different ages spend in using services; paid services that are inconsistent with minor's civil competence must not be provided to them;

(4) Services for renting accounts or for game currency and virtual prop exhanges must not be provided to minors, as well as third-party services such as for training partners and surrogate players;

(5) Random drawing services must not be provided to minors;

(6) Online games livestreaming must not have tipping by minors;

(7) The handling of minors' personal information should follow the relevant provisions of laws and regulations;

(8) There must not be other online game business conduct that is adverse to minors' health.

Article 40: 【addiction prevention system】Online game publication and business units shall establish and complete systems for preventing addiction, must not provide minors with products and services that induce addiction; are to promptly modify content, functions, or rules that might cause minors to become addicted; provide user-facing services for accepting reports on preventing addiction; publish on the status of efforts to counter addiction annually, and accept societal oversight.

Article 41: [Identity verification of minors] Online game publication and business units shall verify minor users' real identity information through the uniform electronic verification system for minors in online games and other necessary means.

Article 42: [Age-appropriateness indicators] Online game publication and business units shall establish and improve game rules to prevent minors from becoming addicted to the Internet, and avoid having minors exposed to game content or functions that may impact their physical and mental health.

Online game publication and business units shall implement age-appropriateness alert requirements, classify game products according to the physical and mental development characteristics and cognitive abilities of minors in different age groups by assessing game product factors such as their type, content, and functions, and clarify the age groups of minor users for which the game products are suited; and place prominent alerts on user download, registration, login interfaces, and so forth.

Article 43: [Responsibility of Guardians]Parents or other guardians should perform guardianship duties for minors in accordance with law, guiding minors in the healthy and reasonable use of online games, conducting activities that are beneficial to their physical and psychological health, cultivating positive lifestyle habits, and establishing a correct understanding of spending on online games; preventing and stopping minors from becoming addicted to online games, and simultaneously increasing their own network literacy, regulating their own conduct in using online games and strengthening their guidance and oversight of minors' use of online games.

Article 44: [Responsibility of Society] Based on students' physical and psychological developmental traits, schools are to educate and guide students in the healthy and reasonable use of online games, strengthen communication and cooperation with students' parents or other guardians, prevent minor students from becoming addicted to online games, and where it is discovered that minor students are addicted to online games they shall promptly notify the parents or other guardians and conduct education and guidance for the minor students.

Schools, communities, libraries, cultural centers, youth activity centers, and other such venues that provide minors with internet access facilities, shall install software for the protection of minors online or employ other technological safety measures. Internet access service business premises must not admit minors.

Online game publication and business units shall employ practical measures to improve online games' functions such as for managing time and spending, and facilitate guardians' and schools' performance of their related duties.

Related industry organizations shall draft industry self-discipline specifications for the protection of minors online, guiding members to strengthen online protections for minors. Encourage and support social organizations', professional bodies', enterprises', and public institutions' participation in efforts to prevent minors' addiction to online games.

 

Chapter V: Oversight and Management

 

Article 45: [Duties of Management Departments] The publication departments are to perform the following duties, strengthening the routine oversight and management of online game publication and business activities in the corresponding administrative region:

(1) Conduct industry oversight of online game publication and business units, and carry out entry and exit management;

(2) Conduct oversight of online game publication and business activities, and investigate and address violations of these Measures;

(3) Conduct oversight of online game content and quality and implement advance approvals for online game publishing;

(4) Conduct training, evaluations, and other management of persons engaged in online game publication and business;

(5) Investigate and address conduct that disrupts the order of the online games market, such as lending, leasing, buying, selling, applying, or improperly using "Online Publishing Service Licenses", approval numbers, or publication numbers, as well as private servers, plug-ins, infringing piracy;

(6) Other responsibilities related to online game management.

Article 46: [Jurisdiction and Division of Labor] All levels of publication department are to investigate and handle illegal business activities, with jurisdiction in accordance with the place of registration or actual business operations for the unit that had the illegal activity; Where the place of the unit's registration or actual business cannot be determined, the location where the website engaged in the illegal business activities has its information services permit or filing; and where there are no permits or filings, the location of the website or online game's servers is to have jurisdiction; and where the website or online game's servers are set up overseas, the location where the illegal conduct was discovered is to have jurisdiction.

Article 47: [Annual Reporting]Online game publication and business units should submit an annual report to the provincial-level publication department for their area. The content of the written report is to include the status of enforcing policies and laws related to online game management for that year, awards and punishments, online game business performance, online game currency issuance and transactions situations, and internal management.

Article 48: [Revocation of corresponding permits] Where online game publication and business units no longer possess the legally-prescribed requirements for administrative permits, the publication departments are to order them to make corrections within a set period of time; and where corrections are still not made in that time, the organ that issued the administrative permit is to revoke it.

Where online game publication and business units violate the relevant provisions of these Measures by obtaining permits through improper methods, the publication departments are to revoke the related permits.

 

Chapter VI: Safeguards and Awards

 

Article 49: [Online Game Industry Safeguards and Rewards] The publishing departments are to ensure and promote the development and prosperity of the online game industry.

Article 50: [Encourage high-quality original games] Encourage the research, development, and promotion of online games that are guided by the Core Socialist Values, develop the advanced socialist culture, carry forward revolutionary culture, pass on the excellent traditional Chinese culture, promote scientific and technological progress, have innovative value, are beneficial to physical and mental health, and are both educational and entertaining.

Article 51: 【Encourage international cooperation】Encourage online game publication and business units exploration of overseas markets, strengthen international cooperation in online gaming, promote international cultural exchanges, and enhance the international influence of Chinese culture.

Article 52: [Awards for exceptional units and individuals]Units and individuals that make important contributions to promoting the healthy development of the online game industry are to be given commendations and awards in accordance with relevant state provisions.

 

Chapter VII: Legal Responsibility

 

Article 53: [Penalties for unapproved game services] Those who, without approval or authorization, engage in activities such as online publication or operation, or the issuance or transactions in online game currency, or who put unapproved online games online, are to be shut down by publication departments and relevant departments in accordance with their legally-prescribed authority on the basis of article 61 of the "Regulations on Publication Administration", and article 19 of the "Measures on the Management of Internet Information Services", and may give punishments in light of the circumstances, such as suspending applications for publication numbers for a set time or suspending business for rectification; where the criminal law has already been crossed, criminal responsibility is to be pursued in accordance with law; and where it is not serious enough for criminal punishment, delete the entire relevant online game and confiscate any unlawful gains and the main equipment and tools used to engage in the illegal business activities, and where 10,000 or more RMB was illegally earned, a fine of between 5 and 10 times the value is to be given; and where less than 10,000 RMB was earned, a fine of up to 50,000 RMB may be given; Civil liability is to be borne where the lawfule rights and interests of others are violated.

Article 54: [Penalties for online game content violations] Where online games that contain the content listed in article 16 of these Measures are published or operated, the publication departments are to order the deletion of the relevant content and corrections be made in a set period of time on the basis of article 62 of the "Regulations on Publication Administration" and article 20 of the "Measures on the Management of Internet Information Services", and confiscate unlawful gains; where 10,000 RMB or more was illegally earned, a fine of between 5 and 10 times the value is also to be given; and where less than 10,000 RMB was earned, a fine of up to 50,000 RMB may be given; and where the circumstances are serious, an order is to be given to suspend applications for publication numbers for a set period of time or to suspend business for rectification, or the publication departments are to cancel the Online Publication Service Permit; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 55: [Penalties for Online Game Advertisement and Promotions Violations] Where article 29 of these Measures is violated, and there are provisions in laws and administrative regulations, those provisions are controlling; where the laws and administrative regulations are silent, the publications departments are to order that they suspend the provision of the relevant services.

Article 56: [Penalties for lending, leasing permits] Where article 14 of these Measures is violated, the publications departments are to order that the illegal conflict be stopped, give warnings, and confiscate unlawful gains on the basis of article 66 of the Regulations on Publication Administration, and where 10,000 or more RMB was illegally earned, a fine of between 5 and 10 times the value is to be given; and where less than 10,000 RMB was earned, a fine of up to 50,000 RMB may be given; where the circumstances are serious, order a suspension of applications for publication numbers, suspend business for rectification, or have the publications departments cancel Online Publication Service Permits.

Article 57: [Penalties for illegal changes to license content, unauthorized suspensions, etc.]Where any of the following conduct is exhibited, the publications departments are to order that corrections be made and give warnings based on article 67 of the Regulations on Publication Administration; where the circumstances are serious suspend applications for version numbers, suspend operations for rectification, or cancel Online Publication Service Permits:

(1) Online game publication and business units change the registration items for the "Online Publishing Service Permit" or their capital structure, engage in online publishing services beyond the approved scope of services, merges or divides, or establishes a branch, without completing the approval procedures based on these Measures;

(2) Online game publication and business units suspend online game publication and business activities without authorization for more than 180 days;

(3) The quality of online games does not comply with relevant regulations and standards.

Article 58: [Penalties for Violating Protections of Minors] Based on article 127 of the PRC Law on the Protection of Minors, where online game publication and business units violate provisions on the protection of minors, the publication departments are to order them to make corrections, give warnings, and confiscate unlawful gains based on their authority; where the unlawful gains are 1,000,000 RMB or more, they are also to give a fine of between 1 and 10 times the value, and where there are no unlawful gains or the unlawful gains are less than 1,000,000 RMB, a fine of between 100,000 and 1,000,000 RMB is to be given, the directly responsible management and other directly responsible persons are to be given between 10,000 and 100,000; and where they refuse to make corrections or the circumstances are serious, they may be ordered to suspend the relevant operations, suspend business for rectification, close websites, or cancel business licenses or relevant permits.

Article 59: [Violations of Real-name registration] Based on Article 61 of the PRC Cybersecurity Law, where online game publication and business units violate Article 22 of these Measures by failing to require users to provide their true identity information, or where they provide the relevant services to users who have not provided real identity information, the publication departments are to order them to make corrections; where they refuse to make corrections or the circumstances are serious, a fine of between 50,000 and 500,000 RMB is to be given, and the publication departments may order them to suspend relevant operations, suspend business for rectification, shut down websites, and cancel relevant operations permits or business licenses; and give the directly responsible management and other directly responsible persons a fine of between 10,000 and 100,000 RMB.

Article 60: [Penalties for violating network information and personal information security protections] Based on Article 66 of the PRC Personal Information Protection Law, where online game publication and business units violate article 31 of these Measures by failing to perform obligations to protect personal information, the department performing duties to protect personal information is to order corrections, give warnings, and confiscate unlawful gains, and order online games that illegally handled personal information to suspend or stop the provision of services; and where they refuse to make corrections, a fine of up to 1,000,000 RMB is to be given as well; the directly responsible management and other directly responsible personnel are to be fined between 10,000 and 100,000 RMB.

Where the conduct in the preceding paragraph is exhibited and the circumstances are serious, the departments performing personal information protection duties at the provincial-level or above are to order corrections, confiscate unlawful gains, and give a fine of more than 50,000,000 or 5% of the previous years profit, and may order the suspension of relevant operations or suspension of the business for rectification, and report to the relevant departments to cancel relevant operations permits or business licenses; the directly responsible managers and other directly responsible personnel are to be fined between 100,000 and 1,000,000 RMB, and a decision may be made to prohibit them from from serving as a director, supervisor, senior manager, or person responsible for personal information protection in a related enterprise.

Article 61: [Other penalties for violations]Where there is any of the following, the publication departments are to order that the illegal conduct be stopped and that corrections be made in a set period of time, give warnings, confiscate unlawful gains, and give a fine of up to 100,000 RMB:

(1) Violations of article 13 of these Measures by failing to perform the relevant approval procedures;

(2) Violating article 15 of these Measures by failing to follow provisions to implement content self-review systems and other management systems;

(3) Violating Article 17 of these Measures by setting up forced battles in online games;

(4) Violating Article 18 of these Measures by guiding excessive use and high spending on online games;

(5) Violating Article 19 of these Measures by failing to mark information;

(6) Violating Article 20 of these Measures by failing to perform corresponding verification obligations;

(7) Violating articles 23, 24, 25, 26, and 27 of these Measures by failing to follow provisions in the issuance or transactions of online game currency and virtual props;

(8) Violating these Measures and other relevant provisions of the publishing departments regarding online game publishing and business activities.

 

Chapter VIII: Supplementary Provisions

 

Article 62: [Definitions] 【Online Game Publishing】The term "online game publishing" as used in these Measures refers to the act of providing online game products and services to the public through information networks.

【Online Game Operation】The term "online game operation" as used in these Measures refers to the act of providing users with online downloads or interactive online use of games through information networks after their publication, and acquiring profit by charging users, advertising, or other means.

Online game operating units that provide services for other operating units' online game products, such as user systems, fee collection systems, program downloads, publicity, and promotions, and participate in profit sharing for the online game operations are joint operations and shall bear corresponding responsibility.

【Beta Testing】The term "beta testing" as mentioned in these Measures refers to the act of opening online game content to the general public and conducting multi-faceted testing of game performance, defects, server loads, and so forth.

【Online game currency】The term "online game currency" as mentioned in these Measures refers to a virtual exchange tool set up by an online game operation unit, purchased directly or indirectly by the online game users using legal tender according to a certain rate that exists outside the game program, is stored in the server in the form of electromagnetic recording, and expressed as a specific digital unit.

[Online game virtual props]The term “virtual props for online games” as used in these Measures refers to virtual items that are purchased by users with legal currency or online game currency, obtained according to a set exchange rate, or obtained through gameplay, that exist within specific game programs.

[Issuance of online game currency] The term "issuance of online game currency" as used in these Measures refers to the actions of online game operating units to provide online game currency to the public through sales and other methods, and to provide services for using the online game currency inside the online game.

【Online game currency trading service】The term “online game currency trading services” as used in these Measures refers to the provision of platformed services for online game currency trading between users.

[Private servers, plug-ins] "Private servers" and "plug-ins" as used in these regulations refer to the unpermitted and unauthorized undermining of the lawful publishing operations and technical protection measures of online games in which others have copyright, modifying data, setting up servers privately, producing game recharge cards, operating or linked operation of online games that are legally published and whose copyrights are owned by others, and thereby seeking profit and infringing on the interests of others.

Article 63: The management of domestic mini-program online games that have no storyline, simple gameplay, and no rechargeable spending shall be separately provided for by the state departments for publishing on the basis of the "Publication Management Regulations" and the principles of these Measures.

Article 64: These measures will take effect on XX, XX, 2024. Where previously issued regulations on online game services are inconsistent with these Measures, these Measures are controlling.

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