China’s Cybersecurity Administration has released comprehensive draft rules for the protection of minors online. The draft is actually an update of a 2016 draft regulation with the same name, which had also been released for public comment but never adopted. The new version incorporates provisions of major legislation passed between the drafts, including the Law on The Protection of Minors, The Personal Information Protection Law (and the related Provisions on the Protection of Children’s Personal Information Online), and additional provisions on managing the online content ecosystem. For the most part, the new version can be considered the implementation regulations for Chapter 6 of the Law on the Protection of Minors (LPM), titled “The Protection of Minors Online”, and is more concerned with adding further elaboration rather than making entirely new rules.
This brief post will list some of the areas that have attracted attention to the draft, to distinguish the truly new from the incorporated. It is followed by an annotated version of the draft showing connections to prior authority.
Important Elaborations on Existing Authority
- Content Restrictions: The Draft Regulations follow the LPM in dividing content restrictions into 2 categories: content that is physically or mentally harmful to minors, the transmission of which is prohibited, and content that might impact minors’ health, which must be labeled. (LPM 50)
Elaboration:
a. The draft elaborates on what content ‘might impact’ minors by giving examples of content that might cause minors to imitate unsafe conduct, violate social mores, cause negative feelings, and lead to bad habits. (Draft 24)
Note that the content is defined in terms of its potential impact on minors’ feelings and conduct, rather than specific subject matter, making it very difficult to implement in practice. Regulations on video materials and programs tend to address specific topics.
b. The draft has further clarified the departments responsible for implementing content labeling requirements adding the department of education to the LPM’s list of departments involved, and clarifying that in addition to identifying specific content, they will create standards for the assessment of content and for the adequacy of labeling. (LPM 67, Draft 25)
2. Use of Protective Software and ‘Youth Modes’: The LPM contains a requirement that parents, schools, and others providing internet access to minors take advantage of technical protective measures such as content screening software. (LPM 69, 71, 74) .
Elaboration:
a. The new draft adds that blocking software should be pre-installed or easily downloadable on all smart devices. This requirement is new but was also present in the 2016 draft. (Draft 19)
b. The draft expands on the functionality of blocking software, saying that it should be able to detect prohibited content, protecting their personal information, fight addiction, and allow guardians to have greater oversight. (draft 19)
c. The draft calls on the State Internet Information Office to draft relevant technical standards and requirements for the software.（draft 19）
d. Limited service functionality is to specifically include limits on minors total daily spending and maximum single payments. (draft 51, adding specificity to LPM 74 requirements of time, duration and spending limits)
3. Education on Internet Literacy: The LPM called for a whole-of-society approach to foster minors’ understanding and positive use of the internet through teaching ‘internet literacy’. (LPM 64)
Elaboration:
a. The draft slightly expands on the content of online literacy, to include not just technical capacity and good behavioral habits, but also specifically self-protection. (draft 13) Advocates had urged that protection from exploitation be included in literacy, rather than in other curricula like for sex education, to ensure that it was emphasized.
b. The draft calls for the education departments to work with internet authorities in drafting an index to measure minors’ internet literacy levels- meaning it will be tested and evaluated, and thus shown greater importance by schools. (draft 13)
c. The draft calls for developing more opportunities for free internet access in public facilities as part of fostering literacy. （draft 14）
4, Protection of Personal Information: A full section of the draft regulation devoted to protecting personal information, but contains very little beyond the LPM and PIPL. It is likely intended to replace the separate Provisions on the Protection of Children’s Personal Information Online which predates the PIPL. For example, there were already requirements that guardians give consent to the handling of the personal information of minors under 14 years old (LPM 72, PIPL 31, draft 35), that guardians and minors may demand corrections or deletion of minors’ personal information (LPM 72, draft 40), and a requirement that service providers make impact assessment report before handling the “sensitive personal information” of minors. (PIPL 56, draft 37) . A duty for guardians to model good online conduct and security protections from LPM articles 6,16 is also incorporated in article 19- although the emphasis on protecting personal information is more pronounced. Importantly, the minimum necessary authorization standard, requiring that the number of business staff given access to minors’ personal information be strictly limited, is also incorporated. (Draft 42, Children’s Personal Information Provisions 15)
Elaboration:
a. The draft specifies that internal compliance audits required by the PIPL will be annual. (PIPL 54, draft 44)
b. The draft articulates that government departments must protect the confidentiality of minors’ personal information they learn of in the course of their work. (draft 45, LPM 103-only as to justice sector)
c. In addition to the existing requirements for transferring minors’ personal information to 3rd parties, the draft adds that “in principle” such information must not be transferred. (draft 38)
5. Cyberbullying: Preventing bullying has recently been a major focus, and the LPM addresses requirements for network product and service providers to create mechanisms for reporting and addressing online bullying in article 77.
Elaboration:
a. The draft requires that the bullying mechanisms contain means for the users to preserve evidence of bullying (draft 27).
Entirely New Content:
- Clarification of Government Responsibilities.- Articles 3-6 go into greater detail on the specific departments with duties for the protection of minors online.
- Independent bodies on the protection of minors in some network service providers: While limited to those providers with an exceptionally large base of minor users or with influence on minors as a group, this requirement for an independent review body composed mainly of external personnel is something to watch (draft 20(3）). The language used tracks that in the PIPL for the creation of an independent body for the review of personal information protections. (PIPL 58).
- Annual Reporting– A call for some network service providers to make an annual report on the protection of minors may be part of a more general annual report on the performance of duties called for in article 17 of the Provisions on the Governance of the Online Information Content Ecosystem.
Below is my working annotated version of the draft. Not originally intended for public consumption, but might be useful to others. Forgive typos etc.
| Legislative purpose | Article 1: These Regulations are drafted on the basis of laws such as the PRC Law on Protection of Minors, PRC Cybersecurity Law, and PRC Personal Information Protection Law, in order to create a healthy, civilized, and orderly environment online, to protect the physical and psychological health of minors, and to safeguard the lawful rights and interests of minors in cyberspace. |
| Basic Principles | Article 2: Efforts to protect minors online shall adhere to the principle of the best interest of the minors, be guided by the Core Socialist Values, and be suited to the healthy physical and psychological development of minors and the rules and traits of cyberspace, and shall implement joint social governance. |
| Primary responsibility | Article 3: The State Internet Information Office is responsible for planning and coordinating efforts to protect minors online, and completing relevant efforts based on its duties. |
| Secondary Responsibility | The state news and publication department and the relevant State Council departments such as for education, communications, public security, civil affairs culture and tourism, health, market regulation, and radio and television, are to complete efforts on the online protection of minors based on their respective duties. |
| The relevant departments at the county level or above are responsible for planning and coordinating efforts to protect minors online, and completing relevant efforts based on their respective duties. | |
| Extended responsibility | Article 4: The Communist Youth League, women’s federations, trade unions, Disabled Persons Federations, Working Committees for the Care of the Next Generation, youth federations, students’ federations, young pioneers’ organizations, and other people’s organizations as well as relevant social organizations and basic-level mass autonomous organizations, shall assist the relevant departments in efforts on the protection of minors online, and preservation of minors’ lawful rights and interests in cyberspace. |
| Education responsibility | Article 5: Families, schools, and other educational bodies shall teach and lead minors to participate in activities that are conducive to their physical and psychological health, and to use the networks rationally, civilly, safely, and reasonably, and shall prevent and intervene in minors’ internet addiction. |
| Service provider responsibility | Article 6: Online product and service providers, personal information handlers, and the manufacturers or sellers of smart terminals shall comply with laws, regulations, and rules, and respect social mores, comply with professional ethics, be truthful and credible, perform obligations on the protection of minors online, and take social responsibility. |
| Complaint mechanisms/oversight | Article 7: Online product and service providers, personal information handlers, and the manufacturers or sellers of smart terminals shall accept government and societal oversight, cooperate with relevant departments lawfully carrying out oversight inspections involving efforts to protect minors online; establish convenient, reasonable, and effective channels for complaints and reports, disclose the routes and methods for making complaints and reports in a conspicuous manner, and promptly accept and address complaints and reports from the public. |
| Public right to report violations | Article 8: Where any organization or individual discovers violations of these Regulations, they may make a complaint or report to relevant departments such as for internet information, news and publication, education, communication, public security, civil affairs, culture and tourism, health, market administration, or radio and television. Departments receiving complaints or reports shall promptly handle them in accordance with law; where these do not fall within the responsibilities of that department, they shall promptly transfer the matters to the department empowered to handle them. |
| Industry organizations responsibility | Article 9: Relevant network industry organizations shall strengthen industry self-discipline, drafting industry specifications on the protection of minors online and guiding members to perform obligations to protect minors online, to strengthen the protection of minors online. |
| Media responsibility | Article 10: News media shall use methods such as news channels, special columns (programs), and public interest advertisements to carry out publicity on the legal systems and policy measures about the protection of minors online and related knowledge, and conduct public opinion guidance on behaviors harming the rights and interests of minors online, guiding all of society to jointly participate in the protection of minors online. |
| Research and int’l exchange | Article 11: The state encourages and supports the strengthening of scientific research and personnel cultivation in the area of online protections for minors, and the carrying out of international exchanges and cooperation. |
| Awards for contributions | Article 12: Organizations and individuals making outstanding contributions in efforts on the protection of minors online will be given commendations and awards in accordance with relevant state regulations. |
| LPM Article 64 | Chapter II: Fostering Online Literacy |
| Index to measure literacy NEW | Article 13: The State Council administrative departments for education shall include online literacy school character development education, and, in conjunction with the State Internet Information Office, formulate indexes for evaluating minors’ online literacy. |
| Elaboration on content of literacy NEWish | The administrative departments for education shall guide and support schools in developing online literacy education for minors, focusing on online ethics and behavioral norms, understanding law online and conduct codes, building capacity to use the networks, protect one’s person and property, and so forth, to cultivate minors’ awareness of network security, civility, behavioral habits, and defensive techniques. |
| Plans for public access free internet – literacy | Article 14: People’s governments at the county level or above shall make rational plans and a reasonable setup to strengthen the establishment of public cultural facilities that provide non-profit internet service, improving requirements for minors going online, promoting the balanced and coordinated development of non-profit internet service. |
| Local people’s governments at the county level or above shall provide high-quality online literacy classes to students through methods such as allocating guidance teachers with the corresponding professional aptitudes to primary and secondary schools, or by government procurement of services. | |
| Schools and public facility, supervision and blocking software.
LPM article 69– software requirement Elaboration | Article 15: Schools, communities, libraries, cultural centers, youth activity centers, and other such venues providing minors with internet access facilities, shall provide guidance and a safe and healthy environment for minors going online through methods such as arranging for professionals to participate or recruiting volunteers, teachers, or parents to participate, as well as installing software for the protection of minors online or employing other technological safety measures through means. |
| On-campus use of tech.
LPM article 70- rules for bringing terminals to school
Elaboration on literacy education
School protections- 34 | Article 16: Schools shall include content such as the rational, civil, safe, and reasonable use of networks in learning and teaching activities, and reasonably use the networks to carry out teaching activities, shall establish and complete management systems for students going online during school, conduct online literacy education for students, regulate smart terminals brought to school by minor students in accordance with law, help students form positive habits in going online, and enhance students ability to obtain, analyze, and assess online information. |
| Parents use of internet LPM 71- | Article 17: Minors’ guardians shall proactively learn about the networks, increase their network literacy, regulate their own internet usage, and strengthen education, modeling, guidance, and oversight for minors’ internet usage. |
| Research into technical protections
LPM article 65- elaboration on protections and special products. | Article 18: The state encourages and supports the research, development, production, and use of online technologies, products, and services for minors, such as online protection software or smart terminal products and youth modes or dedicated areas for minors, that are suited to the healthy physical and psychological development of minors; and encourages the establishment and building of a barrier-free accessible internet, to promote minors broadening their horizons, improving their character, molding their integrity, and bringing happiness in body and mind. |
| Elaboration on blocking software functionality. | Article 19: Software for the protection of minors online and smart terminal products that are especially for minors shall possess effective functions such as for identifying illegal information and information that might impact minors’ physical and psychological health, protecting minor’s rights and interests in personal information, preventing minors from internet addiction, and making guardians perform their guardianship duties. |
| Technical standards for technical protections. NEW | In conjunction with the relevant departments of the State Council, the State Internet Information Office is to clarify the relevant technical standards and requirements for software for the protection of minors online and smart terminal products that are especially for minors, as needed for efforts to protect minors online, and is to guide relevant industry organizations in conducting assessments of these methods, and disclose the results of these assessments to the public. |
| Pre-installation of technical protections
Parents and schools originally anticipated in LPM articles 69, 71, 74 (addressing provider requirements), Article13- content ecosystem (encouraged) | Producers of smart terminal products shall install software for the protection of minors before the products leave the factor, or employ noticeable methods to inform users about the channels and methods for installing the software. Sellers of smart terminal products shall employ noticeable methods to inform users about the installation of software for the protection of minors online as well as channels and methods for installation. |
| Parental use of blocking software LPM 71p2 | The guardians of minors shall reasonably use and guide minors to use the online protection software, smart terminal products, and so forth, to create a positive family environment for internet use. |
| PLATFORM PROVIDER REQUIREMENTS | Article 20: The providers of important internet service platform services that have a huge volume of minor users and a notable impact on minors as a group shall fulfill the following obligations: |
| IMPACT ASSESSMENTS PIPL –expansion here beyond handling to more general | (1) Fully consider the physical and psychological developmental traits of minors in designing, developing, and operating the internet platform services, and periodically carry out impact assessments about the protection of minors online; |
| Youth modes/ dedicated functions Mentioned in special action document Item 9,16 in cultural market reforms. | (2) Provide youth modes, special areas for minors, and so forth, to facilitate minors obtaining products and services on the platform that are conducive to their physical and psychological health; |
| Independent body Seen before as mechanism in PIPL article 58.
| (3) In accordance with state provisions, establish and complete institutional systems for compliance with online protections for minors, establishing an independent body composed mainly of outside members to conduct oversight of the online protections for minors; |
| Platform rules Content ecosystem article 15. | (4) Comply with the principles of openness, fairness, and equity, to draft special platform rules clarifying the obligations of product and service providers on the platform for the protection of minors online, and alert minor users in a notable fashion of the rights they enjoy for protection online in accordance with law and of remedies for harms suffered online; |
| Denial of services to those who harm minors. | (5) Stop providing services to providers of products or services on the platform who seriously violate laws and administrative regulations to harm minors’ physical or psychological health or other lawful rights and interests. |
| Reporting Article 17 reporting requirement in ecosystem elaboration | (6) Annually publish a special report on social responsibility to protect minors online and accept societal oversight through means such as public comment. |
| Chapter III: Regulation of Online Information Content | |
| Support of positive content LPM 48 | Article 21: The state encourages and supports the production, reproduction, publication, and transmission of online information that carries forward of the Core Socialist Values and the outstanding traditional culture of the Chinese people, cultivates minors’ feelings for the homeland and good moral character, enhances awareness and capacity for innovation, fosters positive lifestyle and behavioral habits, and increases safety awareness and skills, to create clean cyberspace and positive online ecosystem that is conducive to the healthy growth of minors. |
| Prohibition on harmful materials LPM 50
| Article 22: The use of networks to produce, reproduce, publish, or transmit information with content that is harmful to minors’ physical or psychological health is prohibited. |
| It is prohibited to send minors information containing content that is harmful to or that might impact minors’ physical or psychological health. | |
| Prohibition on POSSESSION of child porn And reation/reproduction etc. LPM 52 | Article 23: It is prohibited to produce, reproduce, publish, transmit, or possess pornographic online information related to minors. |
| Prohibition on using minors in porn. | It is prohibited to entice or compel minors to produce, reproduce, publish, or transmit text, pictures, and audiovisual materials that might disclose their private privacy, and minors must not be enticed or compelled to watch pornographic online information. |
| Labeling harmful content – LPM article 51 | Article 24: Where online products or services contain information that might lead or entice minors to imitate unsafe conduct, carry out conduct that violates social mores, cause negative feelings, form bad habits, or that might otherwise impact minors’ physical or psychological health, the organizations or individuals producing, reproducing, publishing, or transmitting them shall give conspicuous warnings before displaying the content. |
| Identifying harmful content/standard LPM article 67 | Article 25: In conjunction with the State Administration for Press and Publication, Film Department, and the State Council departments for education, communications, public security, culture and tourism, radio and television, and so forth, the State Internet Information Office is to determine the specific types, scope, assessment standards and warning methods for information that might impact minors’ physical or psychological health on the foundation of article 24 of these Regulations. |
| No aiming harmful content at minors. | Article 26: Information that might impact minors’ physical or psychological health as provided for in article 24 of these Regulations must not be produced, reproduced, published, or transmitted in online products or services aimed at minors by any organization or individual. |
| No placing of harmful content in key locations. | The providers of online products and services must not embed information that might impact minors’ physical or psychological health as provided for in article 24 of these regulations in eye-catching positions in products or services or in key areas that easily draw in users such as front pages, initial pop-up windows, hot searches, and so forth. |
| Online Bullying LPM articles 76, 77 | Article 27: Minors must not be bullied online by any organization or individual through means such as insults, defamation, threats, or malicious harm, in text, pictures, audiovisual materials, or other forms. |
| Preservation of evidence- new
| The providers of online products and services shall setup convenient functions and channels for minors and their guardians to preserve evidence of online bullying and for the exercise of their right to notify. Minors that have been bullied online, and their guardians, have the right to notify the online product and service providers to employ necessary measures such as deletion, blocking, breaking links, limiting account functions, or closing accounts. After the providers of online products or services receive notice, they shall promptly adopt the necessary measures to stop the online bullying, and prevent the spread of the information. |
| Causing illegal conduct LPM 54- general prohibition on such encouragement. | Article 28: The networks must not be used by any organization or individual to organize, compel, entice, instigate, trick, or help minors carry out negative conduct, serious negative conduct, or illegal and criminal conduct. |
| Onliine Education- Age appropriateness | Article 29: Online educational products and services aimed at minors shall conform to the physical and psychological development traits and cognitive capacity of minors at different ages. |
| No advertising, other requirements for online education. LPM 74– no unrelated ads. | The providers of online education products and services aimed at minors shall comply with the standards and systems formulated by the administrative departments for education in conjunction with relevant departments regarding institutional setup, personnel qualifications, oversight of fee collection, and so forth, and set up reasonable intervals, durations, and content; they must not send advertisements or other information unrelated to the teaching. |
| Service provider obligations – stopping transmission LPM 80 | Article 30: The providers of online products and services shall strengthen the management of information published by users and employ measures to prevent production, reproduction, publication, and transmission of information that violate articles 22, 24, 26, 27p1, 28, and 29p2 of these Regulations, and where information that violates the provisions above is discovered, they shall immediately stop its transmission and employ measures to address it such as deleting or blocking it, or breaking links to stop the spread of the information, and store relevant records and report to relevant departments such as for internet information and public security. |
| Service provider obligations – notice requirement LPM 80 | Where the providers of online products and services discover that users have published information that might impact minors’ physical or psychological health as provided for in article 24 of these Regulations and failed to give notice in a conspicuous position, they shall alert or notify the user to add a notice, and that information must not be transmitted without a notice. |
| News Media Protection of Minors LPM 49 | Article 31: News media shall objectively, prudently, and appropriately conduct interviews and report on matters related to minors; they must not promote the use of corporal punishment for minors, conduct that it insults the personal dignity of minors, or minors’ illegal and criminal conduct through the networks; and they must not disclose the names, residence, photos, and other information that might identify minors who are parties in violations, crimes, and bullying incidents. |
| LPM 121, 127 | Article 32: Where the State Internet Information Office, Department of press and publication, and relevant departments of the State Council discover information that violates articles 22, 24, 26, 27p1, 28, or 29p2 of these Regulations, or where they discover information provided for in article 24 of these Regulations that does not give a conspicuous notice, they shall request that the providers of online products and services stop its transmission and employ measures to address it in accordance with law such as deletion, blocking, or breaking links, and store the relevant records; for information described above that has a source outside the mainland territory, they shall notify the relevant bodies to employ technical measures and other necessary measures to block its transmission. |
| Chapter IV: The Protection of Personal Information | |
| Real identity for all public information systems. | Article 33: When confirming the provision of services, online service providers that provide minors with services such as information publishing or instant messaging shall request that the minors or their guardians provide the minors’ true identity information. Where the minors or their guardians do not provide the minors’ true identity information, the online service providers must not provide the minors with the relevant services. |
| Livestreaming No accounts for under 16 Consent of guardians over 16 LPM 76 | Online live streaming service providers must not provide minors who are under 16 years of age with registration for online live streaming accounts; and when providing minors who are 16 years old or older with registration for online live streaming accounts, they shall verify their identities and have the consent of their guardians. |
| Dynamic id verification for livestream | Online live streaming service providers shall establish dynamic verification mechanisms for the identity information of online live streamers, and where the provisions of the preceding paragraph are not met, they must not provide live streaming publication services. |
| Handling minor’s personal information LPM 72- slight elaboration here. | Article 34: Where personal information handlers handle minors’ personal information online, they shall follow the principles of legality, propriety, and necessity, disclose special rules for the handling, indicate the purpose, methods, and scope of the handling. and lawfully give notice of relevant matters provided by laws and administrative regulations. |
| Guardian consent required <14 LPM 72; PIPL 31 | Article 35: Those handling the personal information of minors under the age of 14 online based on individual consent shall obtain the consent of the minors’ parents or other guardians. |
| Notification of changes | Where there are changes to the purpose or methods for handling minors’ personal information, or to the type of personal information being handled, the personal information handler shall newly obtain consent in accordance with law. |
| Nescessary scope, change
| Article 36: personal information handlers shall strictly comply with provisions related to the necessary scope of information, and must not mandatorily require minors or their guardians to consent to unnecessary handling of personal information for any reason, and must not refuse to let minors use basic functions of the services because the minors or their guardians do not consent to the handling of unnecessary personal information or revoke their consent. |
| Impact reports and consent for sensitive information PIPL 55(1)
| Article 37: Personal information handlers handling minors’ sensitive personal information shall have a specified purpose and full need, and employ strict protective measures; an impact assessment on the protection of personal information is to be conducted in advance and records are to be kept of the handling, notice is to be given in accordance with laws on the necessity of handling sensitive personal in accordance with law as well impact on personal rights and interests, and independent consent is to be obtained. |
| Personal information impact reports- PIPL 56 | Personal information protection impact assessment reports and handling records provided for in the preceding paragraph shall be retained for at least three years |
| 3rd party handling. Impact report
| Article 38: In principle, personal information handlers must not provide the personal information of minors that they have handled to other, where it is truly necessary to provide it to others, they shall first conduct an impact assessment on personal information, and notify the minors or their guardians in accordance with law of the business name or name and contact information of the recipient, the purpose and methods of the handling, and the types of personal information to be handled, and obtain independent consent. The party receiving the personal information shall handle the minors’ personal information within the scope of the purposes and methods, and types of personal information provided above. Where the recipient changes the purpose of the original handling or the methods of handling, they shall newly obtain consent in accordance with law. |
| Guardianship duty to teach self-protection LPM 6, 16 | Article 39: The guardians of minors shall correctly perform their guardianship duties, teaching and guiding minors to enhance their awareness and ability to protect personal information, guiding minors to exercise all of their rights in personal information handling activities, and protecting minors’ rights and interests in personal information. |
| Minor sides request to delete or alter personal info LPM 72p2 | Article 40: Personal information handlers shall lawfully and promptly handle requests that are lawfully submitted by minors or their guardians to access, reproduce, transfer, correct, supplement, or delete minors’ personal information. |
| Accidentally disclosed information PIPL 58
Childrens pipl 21 | Article 41: Where minors’ personal information is or might be disclosed, altered, or lost, the personal information handlers shall immediately initiate the emergency response plan for personal information safety incidents, employ remedial measures, promptly report to the internet information departments and relevant departments, and notify impacted minors and their guardians by mail, letter, phone, push notification, or other methods; where it is difficult to give individual notice, they shall employ reasonable and effective methods to promptly publish relevant information alerts. |
| Protection of Minors personal information from information handlers staff.
Childrenspipl-15 | Article 42: Personal information handlers shall follow the minimum authorization principle for their staffs, strictly setting access authorization to control the scope of those knowing minors’ personal information. Staff access to minors’ personal information shall be upon review of the persons responsible or managers that they authorize, the circumstances of the access shall be recorded, and technical measures employed to avoid unlawful handling of minors’ personal information. |
| Protection of PRIVATE Information
LPM 73 | Article 43: Where online service providers discover that minors’ private information or that minors’ personal information that is published online involves private information, they shall promptly give an alert and employ necessary protective measures such as stopping the transmission to prevent the spread of the information. |
| ANNUAL AUDITS of Personal Information Protections. PIPL 54- adding annual | Article 44: Personal information handlers shall conduct annual audits of whether their personal information handling activities are in compliance with laws, administrative regulations, and relevant state provisions, either on their own or by retaining a professional body. |
| Gov protection of information. LPM 103- as to justice sector.. | Article 45: Internet information departments, relevant departments and their staffs, shall keep minors’ personal information which they learn of in performing their duties, strictly confidential, and must not leak or unlawfully provide it to others. |
| Chapter V: Preventing Internet Addiction | |
| No invasive methods LPM 68 | Article 46: Prevention and interventions for minors’ addiction to the internet shall be conducted in compliance with laws, administrative regulations, and relevant state provisions. Methods that encroach on minors’ physical and psychological health must not be used by any organization or individual to conduct interventions in internet addiction, harming the lawful rights and interests of minors. |
| Regulation of internet addiction industry. NEW | On the basis of their respective duties, departments such as for health, education, and market administration are to carry out oversight and management of institutions engaged in activities to prevent and intervene in minors’ internet addiction. |
| School duties to identify internet addiction. | Article 47: Schools shall strengthen guidance and training for teachers to increase their ability to identify internet addiction in minors’ early on and to intervene. For minor students inclined to internet addiction, schools shall promptly inform their guardians, and jointly educate, guide, and assist the minor students to help them resume their normal studies and lives. |
| Guardians duties to stop addiction LPM 71 | Article 48: Minors’ guardians shall oversee minors’ safe and reasonable use of the internet, paying close attention to minors’ going online and their related physical and psychological states and behavioral habits, prevent minors from coming in contact with online information that is harmful or that might impact their physical and psychological health, and reasonably arrange for minors time using the internet, to prevent and intervene in minors’ internet addiction. |
| Service provider prevention of addiction LPM 74 | Article 49: The providers of online products and services shall establish and complete systems for preventing addiction and must not provide products or services that induce addiction to minors, and are to promptly revise content, function, or rules that might cause addiction in minors, and periodically report to the public on efforts to prevent addiction. |
| Limits on time duration etc. for LPM 74. | Article 50: Providers of online services such as games, live streams, video, and social media shall set up youth modes for minors using their services, and provide services in accordance with state provisions and standards in areas such as timing, duration, functions, and content, and provide functions for guardians performing guardianship duties such as time management, authorization management, and spending management. |
| Limits on spending LPM 74 | Article 51: Providers of online services such as games, live streams, video, and social media shall employ measures to reasonably limit the amounts that minors can spend in as single payments and daily totals in the online products or services, and must not provide payment services to minors that do not match their capacity for civil action. |
| No spreading negative values. (traffic worship etc.) | Article 52: Providers of online services such as games, live streams, video, and social media shall employ measures to prevent and reject negative value orientations such as traffic supremacy, and must not set up communities or groups based on calls for fundraising, voting for rankings, or rigging traffic and reviews; must not induce minors to participate in online activities such as calls for fundraising, voting for rankings, or rigging traffic and reviews; and are to prevent and stop users from inducing minors to carry out such conduct. |
| Real name registration through central database.
LPM 75- state system and requirement | Article 53: The providers of online games shall require minor users to provide true identity information to carry out registration, logins, and use; and use tactics necessary to verify the information such as through the Uniform Online Gaming Electronic Identity Verification System established by the state. Where minor users do not provide true identity information in carrying out registration or logins, the providers of online games must not provide them with services, where the services have already been provided, they shall be immediately concluded and the accounts shall be deregistered. |
| age appropriateness/ negative content for games LPM 75 | Article 54: The providers of online gaming services shall establish and improve game rules for the prevention of minors’ addiction to online games, and avoid having minors come in contact with game content or functions that might impact their physical or psychological health. |
| The providers of online gaming services shall put in place norms and regulations for age appropriateness labeling, assessing elements of games such as their type, content, and function based on the physical and psychological developmental traits of minors at different ages to categorize game products and clarify the appropriate age range that the games are suitable for, and clearly indicate this in a notable place on user download, registration, and login interfaces. | |
| Publicity on addiction Article 68 | Article 55: The state departments for news and publishing, internet information, culture and tourism, health, and so forth shall periodically carry out publicity and education on the prevention of internet addiction in minors; oversee and inspect online product and service providers’ performance of their obligations to prevent minors’ internet addiction, and guide families, schools, and social organizations, to work together and employ scientific and reasonable methods to prevent and intervene in minors’ internet addiction. |
| Press and publication in charge of making rules for gaming
| The state administration for press and publication is to lead the way in organizing and carrying out efforts to prevent minors addiction to online games, collaborating with relevant departments to draft provisions on the management of providing online gaming services to minors, such as on times, duration, and spending limits. |
| Mental health research related to addiction
LPM 90—not expressly on addiction, but mh generally. | Article 56: Based on their respective duties, departments such as for health and education are to rely on relevant medical establishments, schools of higher learning, and so forth to carry out basic research on the mental disorders and psychological behavioral problems that internet addiction in minors can lead to, and applied research such as on screening, assessments, diagnosis, prevention, and intervention. |
| Chapter VI: Legal Responsibility | |
| Gov. failure to perform duties
LPM article 128- as to individuals | Article 57: All levels of local people’s government and relevant departments at the county level or above that violate these Regulations and do not perform their duties to protect minors online, are to be ordered to make corrections by their superior organs; where the corrections are refused or the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law. |
| School liability | Article 58: Schools, communities, libraries, cultural halls, youth activity centers, and so forth that violate these Regulations and do not perform their duties to protect minors online are to be ordered to make corrections by the county level departments such as for education, civil affairs, or culture and tourism on the basis of their respective duties; where the corrections are refused or the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law. |
| Guardian liability LPM 118, 43 | Article 59: Where minors’ guardians do not perform the guardianship duties provided for in these Regulations or harm the lawful rights and interests of minors, the residents’ committee, villagers’ committee, or women’s federation for the area where the minor resides, or the parents’ workplace, primary and secondary schools, kindergartens, and other units that work closely with minors are to give criticism and education in accordance with law, admonish them to stop, urge their acceptance of guidance on family education, and so forth. |
| Penalties for service provider failures to cooperate- allow complaints | Article 60: Where article 7 of these Regulations is violated, county-level departments such as for internet information, press and publication, education, communications, public security, civil affairs, culture and tourism, market administration, and radio and television are to order corrections on the basis of their respective duties; where corrections are refused or the circumstances are serious, a fine of between 50,000 and 500,000 RMB is to be given, and the directly responsible managers and other directly responsible personnel are to be given a fine of between 10,000 and 100,000 RMB. |
| Punishment for failure to block harmful content.
LPM 121 | Article 61: Where articles 19p3, 22, 24, or 26 of these Regulations are violated, county-level departments such as for internet information, press and publication, communications, public security, civil affairs, culture and tourism, market administration, and radio and television are to order corrections be made in a set period of time, give warnings, and confiscate unlawful gains, and they may give a fine of up to 100,000; where corrections are refused or the circumstances are serious, order them to temporarily stop related operations, stop production and business, or revoke business licenses and relevant permits, where unlawful gains exceed 1,000,000 RMB give a concurrent fine of between 1 and 10 times the amount of unlawful gains; 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. |
| Platform violations of personal protection and other duties. LPM 127 | Article 62: Where articles 20, 34-38, or 40-44 of these Regulations are violated, the county level departments such as for internet information are to order corrections, give warnings, and confiscate unlawful gains on the basis of their respective duties; where the corrections are refused, a concurrent fine of up to 1,000,00 RMB is to be given, and the directly responsible managers and other directly responsible personnel are to be given a fine of between 10,000 and 100,000 RMB. |
| ENHANCED PENALTIES NEW | Where the circumstances of the illegal conduct in the preceding paragraph are serious, the internet information department and other relevant departments at the provincial level or above are to order corrections, confiscate unlawful gains, and give a fine of up to 50,000,000 RMB or up to 5% of the preceding years profits, and they may be ordered to suspend related operations, suspend business for rectification, and reported to the relevant departments to have relevant operations permits or business license canceled in accordance with law; and directly responsible managers and other directly responsible personnel are to be fined between 100,000 and 1,000,000 RMB, and they a decision may be made to prohibit them from serving as a board member, supervisor, senior management, or person responsible for the protection of minors online at related enterprises. |
| Penalties for failure in duties regarding bullying, limiting access.
LPM 127- bullying, some access, complaints system, some spread of negative info.
| Article 63: Where articles 27, 29p2, 30, 33, or 49-54 of these Regulations are violated, relevant departments such as for public security, internet information, communications, press and publication, radio and television, and culture and tourism, are to order corrections, give warnings, and confiscate unlawful gains on the basis of their respective duties, and where unlawful gains are above 100,000 RMB, a fine of between 1 and 10 times the unlawful gains is to be given; where corrections are refused or the circumstances are serious, order them to temporarily stop related operations, stop production and business, or revoke business licenses and relevant permits, where unlawful gains exceed 1,000,000 RMB give a concurrent fine of between 1 and 10 times the amount of unlawful gains; 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 and directly responsible managers and other directly responsible personnel are to be given a fine of between 10,000 and 100,000 RMB; where corrections are refuse or the circumstances are serious, a temporary suspension of operations, suspension of business for rectification, closing of websites, or cancellation of business license relevant permits may be concurrently given. |
| Professional ban NEW | Article 64: Where the providers of online products and services violate these regulations and receive penalties of having websites closed or operations permits or business licenses canceled, they must not newly apply for the related permits for 5 years, and their directly responsible managers and other directly responsible personnel must not engage in the same type of online product and service operations for 5 years. |
| Civil, admin, criminal liability LPM 129 | Article 65: Where violations of these Regulations harm the lawful rights and interests of minors, causing harm to the minors, they are to bear civil liability in accordance with law; where it constitutes a violation of public security administration, public security administration punishments are to be given in accordance with law; where a crime is constituted, criminal responsibility is to be pursued in accordance with law. |
| Chapter VII: Supplementary Provisions | |
| Article 66: “Smart terminal products” as used in these regulations refers to cell phones, computers, and other network terminals that cannot connect to the internet, have operating systems, and can have users install application software. | |
| Article 67: These regulations take effect on ______. | |
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