New Method Express
Regulations on the Protection of Minors Online
2024-07-09
Regulations on the Protection of Minors Online
Chapter I General Provisions
Article 1In order to create a network environment conducive to the physical and mental health of minors and protect the legitimate rights and interests of minors, these regulations are formulated in accordance with the the People's Republic of China Law on the Protection of Minors, the the People's Republic of China Cyber Security Law, the the People's Republic of China Law on the Protection of Personal Information and other laws.
Article IIThe work of protecting minors on the Internet should adhere to the leadership of the Communist Party of China, adhere to the socialist core values as the guide, adhere to the principle of being most beneficial to minors, adapt to the laws and characteristics of the physical and mental health of minors and the development of cyberspace, and implement social co governance.
Article IIIThe national network information department is responsible for coordinating the network protection of minors, and doing a good job in the network protection of minors according to their duties.
The national press and publication, film departments and the relevant departments of education, telecommunications, public security, civil affairs, culture and tourism, health, market supervision and management, radio and television under the State Council shall, in accordance with their respective duties, do a good job in the protection of minors on the Internet.
Local people's governments at or above the county level and their relevant departments shall, in accordance with their respective duties, do a good job in protecting minors online.
Article 4The Communist Youth League, the Women's Federation, the Trade Union, the Disabled Persons' Federation, the Working Committee for the Care of the Next Generation, the Youth Federation, the Student Federation, the Youth Vanguard, and other people's organizations, relevant social organizations, and grassroots mass autonomous organizations, assist relevant departments Do a good job in protecting the network of minors and safeguard the legitimate rights and interests of minors.
Article VSchools and families should educate and guide minors to participate in activities that are beneficial to their physical and mental health, use the Internet scientifically, civilized, safely, and rationally, and prevent and intervene minors from indulging in the Internet.
ARTICLE VINetwork product and service providers, personal information processors, manufacturers and sellers of intelligent terminal products shall abide by laws, administrative regulations and relevant state provisions, respect social morality, abide by business ethics, be honest and trustworthy, fulfill the obligation of network protection for minors and bear social responsibility.
Article VIINetwork product and service providers, personal information processors, smart terminal product manufacturers and sellers shall accept the supervision of the government and society, cooperate with relevant departments to implement supervision and inspection involving the protection of minors' networks in accordance with the law, and establish convenient, reasonable and effective The complaint and reporting channels of the company shall be announced in a prominent way, and public complaints and reports shall be accepted and handled in a timely manner.
Article 8Any organization or individual who finds a violation of the provisions of these regulations may complain or report to the relevant departments of Internet information, press and publication, film, education, telecommunications, public security, civil affairs, culture and tourism, health, market supervision and management, radio and television, etc. The department that receives the complaint or report shall deal with it in a timely manner in accordance with the law; if it does not belong to the responsibility of the department, it shall promptly transfer it to the department that has the power to deal with it.
Article IXNetwork-related industry organizations should strengthen industry self-discipline, formulate industry norms related to the network protection of minors, guide members to fulfill their obligations of network protection of minors, and strengthen the network protection of minors.
Article XThe news media shall, through news reports, special columns (programs), public service advertisements, etc., carry out the publicity of laws and regulations, policies and measures, typical cases and relevant knowledge on the network protection of minors, supervise the acts of infringing upon the legitimate rights and interests of minors, and guide the whole society to participate in the network protection of minors.
Article 11The state encourages and supports the strengthening of scientific research and personnel training in the field of network protection of minors, and the development of international exchanges and cooperation.
Article 12Organizations and individuals that have made outstanding contributions to the protection of minors on the Internet shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Promotion of Network Literacy
Article 13The education department of the State Council shall incorporate network literacy education into the content of school quality education, and formulate evaluation indicators for minors' network literacy in conjunction with the national network information department.
Education departments should guide and support schools to carry out network literacy education for minors, focusing on the formation of network moral awareness, the cultivation of network legal concepts, the construction of network use capabilities, and the protection of personal and property safety, etc., to cultivate minors' network security awareness, civilized literacy, and behavior habits And protection skills.
Article 14People's governments at or above the county level shall make scientific planning and rational layout, promote the balanced and coordinated development of public welfare Internet services, strengthen the construction of public cultural facilities that provide public welfare Internet services, and improve the Internet access conditions for minors.
Local people's governments at or above the county level shall provide students with high-quality online literacy education courses by equipping primary and secondary schools with instructors with corresponding professional capabilities, the government purchases services, or encouraging primary and secondary schools to purchase related services on their own.
Article XVSchools, communities, libraries, cultural centers, youth palaces and other places that provide Internet access service facilities for minors shall, by arranging professionals, recruiting volunteers, etc., and installing minor network protection software or taking other safety protection technical measures, Provide online guidance and a safe and healthy online environment for minors.
Article 16Schools should incorporate the improvement of students' network literacy into education and teaching activities, and rationally use the Internet to carry out teaching activities, establish and improve the management system for students to surf the Internet during school, and regulate the management of smart terminal products brought into the school by underage students in accordance with the law to help students develop Good Internet habits, cultivate students' awareness of network security and network rule of law, and enhance students' ability to obtain, analyze and judge network information.
Article 17Guardians of minors should strengthen the construction of family tutoring and family style, improve their own network literacy, standardize their own behavior of using the Internet, and strengthen the education, demonstration, guidance and supervision of minors' behavior of using the Internet.
Article 18The State encourages and supports the research and development, production and use of network protection software, intelligent terminal products and models for minors, special zones for minors and other network technologies, products and services that specifically serve minors and adapt to the laws and characteristics of minors' physical and mental health development, strengthen the construction and transformation of network barrier-free environment, and promote minors to broaden their horizons, cultivate their sentiments and improve their quality.
Article 19The network protection software for minors and the intelligent terminal products specially used by minors shall have the functions of effectively identifying illegal information and information that may affect the physical and mental health of minors, protecting the personal information rights and interests of minors, preventing minors from indulging in the Internet, and facilitating guardians to perform their guardianship duties.
The State Cyberspace Administration, in conjunction with the relevant departments of the State Council, shall clarify the relevant technical standards or requirements for minors' network protection software and smart terminal products specifically for minors in accordance with the needs of minors' network protection work, and guide and supervise network-related industry organizations in accordance with Relevant technical standards and requirements evaluate the use effects of minors' network protection software and smart terminal products specifically for minors.
Manufacturers of intelligent terminal products shall install minor network protection software before the products leave the factory, or inform users of the installation channels and methods in a conspicuous way. Sellers of smart terminal products shall inform users of the installation of minor network protection software and the installation channels and methods in a significant manner before the product is sold.
Guardians of minors shall reasonably use and guide minors to use network protection software, intelligent terminal products, etc., to create a good home environment for network use.
Article 20A network platform service provider with a large number of minor users or a significant impact on the minor group shall perform the following obligations:
(I) in the design, research and development, operation and other stages of the network platform service, fully consider the characteristics of the physical and mental health development of minors, and regularly carry out the impact assessment of the network protection of minors;
(II) providing a model for minors or a special zone for minors to facilitate minors to obtain products or services on the platform that are beneficial to their physical and mental health;
(III) establish and improve the compliance system for the protection of minors online in accordance with national regulations, and establish an independent organization mainly composed of external members to supervise the protection of minors online;
(IV) follow the principles of openness, fairness and impartiality, formulate special platform rules, clarify the network protection obligations of minors of product or service providers in the platform, and remind minor users of the network protection rights and the relief channels for network infringement in a prominent way;
(V) stop providing services to products or service providers on the platform that seriously infringe upon the physical and mental health of minors or other legitimate rights and interests of minors in violation of laws and administrative regulations;
The (VI) publishes a special social responsibility report on the protection of minors every year and accepts social supervision.
The specific measures for identifying the network platform service providers with a large number of minor users or having a significant impact on the minor group mentioned in the preceding paragraph shall be separately formulated by the State Internet Information Department in conjunction with the relevant departments.
Chapter III Network Information Content Specification
Article 21The state encourages and supports the production, reproduction, release and dissemination of socialist core values, advanced socialist culture, revolutionary culture and excellent traditional Chinese culture, so as to build a strong sense of community of the Chinese nation, cultivate the national feelings and good moral character of minors, guide minors to develop good living habits and behavior habits, and create a clear cyberspace and good network ecology conducive to the healthy growth of minors.
Article 22No organization or individual may produce, copy, publish, or disseminate online information that promotes obscenity, pornography, violence, cults, superstition, gambling, inducing self-harm and suicide, terrorism, separatism, extremism, etc. that endanger the physical and mental health of minors.
No organization or individual may produce, copy, publish, disseminate or hold pornographic network information about minors.
Article 23If network products and services contain information that may cause or induce minors to imitate unsafe behaviors, commit behaviors that violate social morality, produce extreme emotions, develop bad habits, etc., which may affect the physical and mental health of minors, the organizations and individuals that produce, copy, publish and disseminate the information shall give prominent tips before the information is displayed.
The State Cyberspace Administration shall, in conjunction with the State Press and Publication, Film Department, and the State Council's education, telecommunications, public security, culture and tourism, radio and television departments, determine the specific types, scope, and scope of information that may affect the physical and mental health of minors on the basis of the provisions of the preceding paragraph. Judgment criteria and prompt methods.
Article 24No organization or individual may produce, copy, publish, or disseminate information that may affect the physical and mental health of minors as stipulated in the first paragraph of Article 23 of these regulations in network products and services that specifically target minors.
Network product and service providers shall not present information that may affect the physical and mental health of minors as stipulated in the first paragraph of Article 23 of these regulations on the first screen of the home page, pop-up window, hot search and other key links that are in the eye-catching position of products or services and are easy to attract users' attention.
Network products and service providers shall not conduct commercial marketing to minors through automated decision-making.
Article 25No organization or individual may send, push, trick, or force minors to contact online information that is harmful to or may affect the physical and mental health of minors.
Article 26No organization or individual may use the Internet to insult, slander, threaten, or maliciously damage the image of minors in the form of text, pictures, audio and video.
Internet product and service providers shall establish and improve mechanisms for early warning, prevention, identification, monitoring and disposal of cyberbullying, set up functions and channels to facilitate minors and their guardians to keep records of cyberbullying and exercise their right to notify, and provide information protection options for minors to set up cyberbullying information such as blocking unfamiliar users, visible scope of information released by themselves, prohibition of reprinting or commenting on information released by themselves, prohibition of sending information to themselves, etc.
Network product and service providers should establish and improve the characteristic database of cyberbullying information, optimize the relevant algorithm model, and strengthen the identification and monitoring of cyberbullying information by combining artificial intelligence, big data and other technical means with manual review.
Article 27No organization or individual may organize, abet, coerce, induce, deceive, or help minors to commit illegal and criminal acts through the Internet in the form of text, pictures, audio and video.
Article 28Providers of online education network products and services that target minors shall, in accordance with laws, administrative regulations and relevant national regulations, provide corresponding products and services according to the physical and mental development characteristics and cognitive abilities of minors of different ages.
Article 29Network product and service providers shall strengthen the management of information released by users, and take effective measures to prevent the production, reproduction, release and dissemination of information that violates the provisions of articles 22, 24, 25, 26, paragraph 1 and 27 of these regulations. If information that violates the provisions of the above provisions is found, it shall immediately stop the transmission of relevant information, and take disposal measures such as deletion, blocking and disconnection to prevent the spread of information, keep relevant records, report to the Internet information, public security and other departments, and take warning, restriction function, suspension of service, close account and other disposal measures for users who produce, copy, publish and disseminate the above information.
If the network product and service provider discovers that the user publishes or disseminates the information specified in the first paragraph of Article 23 of these regulations without significant prompt, it shall make a prompt or notify the user to be prompted; if no prompt is made, the information shall not be transmitted.
Article 30If the state's Internet information, press and publication, film departments and the education, telecommunications, public security, culture and tourism, radio and television departments of the State Council find information that violates the provisions of Article 22, Article 24, Article 25, Article 26, paragraph 1, and Article 27 of these Regulations, or find that the information specified in the first paragraph of Article 23 of these Regulations is not prominently prompted, network product and service providers shall be required to deal with it in accordance with Article 29 of these regulations; for the above-mentioned information from abroad, the relevant institutions shall be notified according to law to take technical measures and other necessary measures to block the dissemination.
Chapter IV Network Protection of Personal Information
Article 31Where a network service provider provides information release, instant messaging and other services for minors, it shall require minors or their guardians to provide real identity information of minors in accordance with the law. If the minor or his guardian does not provide the real identity information of the minor, the network service provider shall not provide relevant services for the minor.
Webcast service providers shall establish a dynamic verification mechanism for the real identity information of webcast publishers, and shall not provide webcast publishing services to minor users who do not meet the requirements of the law.
Article 32Personal information processors shall strictly abide by the provisions of the State Cyberspace Administration and relevant departments on the scope of necessary personal information for network products and services, and shall not force minors or their guardians to agree to unnecessary personal information processing, and shall not refuse minors to use their basic functional services because minors or their guardians do not agree to process minors' unnecessary personal information or withdraw their consent.
Article 33Guardians of minors shall educate and guide minors to enhance their awareness and ability of personal information protection, grasp the scope of personal information, understand the security risks of personal information, guide minors to exercise their rights of access, copy, correction, supplement and deletion in personal information processing activities, and protect the rights and interests of minors' personal information.
Article 34Where a minor or his guardian requests to consult, copy, correct, supplement or delete the personal information of a minor in accordance with the law, the personal information processor shall abide by the following provisions:
The (I) shall provide convenient methods and channels to support minors or their guardians to access the types and quantities of minors' personal information, and shall not restrict the reasonable requests of minors or their guardians;
The (II) shall provide convenient support for minors or their guardians to copy, correct, supplement or delete minors' personal information, and shall not set unreasonable conditions;
If the (III) promptly accepts and handles the application of the minor or his guardian to consult, copy, correct, supplement or delete the personal information of the minor, and refuses the request of the minor or his guardian to exercise the rights, it shall inform the applicant in writing and explain the reasons.
If the request for the transfer of minors' personal information made by minors or their guardians in accordance with the law meets the conditions stipulated by the state network information department, the personal information processor shall provide the means of transfer.
Article 35In the event of or possible leakage, tampering or loss of minors' personal information, the personal information processor shall immediately activate the emergency plan for personal information security incidents, take remedial measures, report to the Internet information and other departments in a timely manner, and inform the affected minors and their guardians of the incident by mail, letter, telephone, information push, etc. in accordance with the relevant provisions of the state.
If it is difficult for the personal information processor to inform one by one, the relevant warning information shall be released in a reasonable and effective manner, unless otherwise provided by laws and administrative regulations.
Article 36Personal information processors shall strictly set information access rights to their staff in accordance with the principle of minimum authorization, and control the scope of minors' personal information. If a staff member accesses the personal information of a minor, it shall be approved by the relevant person in charge or its authorized management personnel, record the access, and take technical measures to avoid illegal handling of the personal information of minors.
Article 37Personal information processors shall conduct compliance audits on their own or entrust professional institutions to conduct compliance audits on their compliance with laws and administrative regulations in handling minors' personal information every year, and report the audit results to online information and other departments in a timely manner.
Article 38If the network service provider discovers that the private information of minors or the personal information released by minors through the network involves private information, it shall prompt in time and take necessary protective measures such as stopping transmission to prevent the spread of information.
If a network service provider discovers that a minor may be infringed through the private information of a minor, it shall immediately take necessary measures to keep relevant records and report to the public security organ.
Chapter 5 Prevention and Control of Internet Addiction
Article 39The prevention and intervention of minors addicted to the Internet shall abide by laws, administrative regulations and relevant state regulations.
The departments of education, health, market supervision and management shall, in accordance with their respective duties, supervise and manage the institutions engaged in the prevention and intervention of minors' addiction to the Internet.
Article 40Schools should strengthen the guidance and training of teachers, and improve the ability of teachers to identify and intervene in the early stage of underage students' addiction to the Internet. For underage students who have a tendency to indulge in the Internet, the school should promptly inform their guardians, jointly educate and guide underage students, and help them resume their normal study and life.
Article 41Guardians of minors shall guide minors to use the Internet safely and reasonably, pay attention to minors' Internet access and related physical conditions, psychological conditions, and behavior habits, and prevent minors from contacting online information that is harmful or may affect their physical and mental health, and arrange reasonable arrangements The time that minors use the Internet to prevent and intervene in minors indulging in the Internet.
Article 42Internet product and service providers shall establish and improve the anti-addiction system, shall not provide minors with products and services that induce them to indulge, promptly modify the content, functions and rules that may cause minors to indulge, and announce to the public the anti-addiction work every year Situation, accept social supervision.
Article 43Internet service providers such as online games, online live broadcasts, online audio and video, and online social networking should adhere to the principles of integration, friendliness, practicality, and effectiveness in accordance with the characteristics of minors of different ages when using their services, and set up a minor model. Provide corresponding services in terms of time period, duration, function and content in accordance with relevant national regulations and standards, and in an eye-catching and convenient way for the guardian to perform guardianship duties to provide time management, rights management, consumption management and other functions.
Article 44Network service providers such as online games, online live broadcast, online audio and video, and online social networking shall take measures to reasonably limit the amount of single consumption and daily cumulative consumption of minors of different ages in using their services, and shall not provide minors with paid services inconsistent with their civil capacity.
Article 45Network service providers such as online games, online live broadcast, online audio and video, and online social networking should take measures to prevent and resist the tendency of bad values such as traffic supremacy, and should not set up online communities, groups, and topics with the theme of fund-raising, voting, and volume control and evaluation, and should not induce minors to participate in network activities such as fund-raising, voting, and volume control and evaluation, and prevent and stop its users from inducing minors to carry out the above-mentioned acts.
Article 46Online game service providers shall verify the true identity information of minor users through necessary means such as a unified electronic identity authentication system for minor online games.
Network product and service providers shall not provide game account rental and sale services for minors.
Article 47Online game service providers shall establish and improve game rules to prevent minors from indulging in the Internet, and avoid minors from contacting game content or game functions that may affect their physical and mental health.
Online game service providers shall implement the age-appropriate reminder requirements, classify game products according to the physical and mental development characteristics and cognitive abilities of minors of different ages, and evaluate the types, content and functions of game products, and clarify the suitable game products. The age stage of adult users, and give prominent prompts in the user download, registration, login interface, etc.
Article 48The departments of press and publication, education, health, culture and tourism, radio and television, Internet information and other departments shall regularly carry out publicity and education to prevent minors from indulging in the Internet, supervise and inspect the implementation of the obligations of network products and service providers to prevent minors from indulging in the Internet, and guide families, schools and social organizations to cooperate with each other, We should take scientific and reasonable ways to prevent and intervene minors from indulging in the Internet.
The national press and publication department takes the lead in organizing the prevention and control of minors' addiction to online games, and, in conjunction with relevant departments, formulates management regulations on the time period, duration, and consumption ceiling for providing online game services to minors.
Health, education and other departments shall, in accordance with their respective responsibilities, guide relevant medical and health institutions, colleges and universities, etc., to carry out basic research and applied research on screening, evaluation, diagnosis, prevention, and intervention of mental disorders and psychological and behavioral problems caused by minors addicted to the Internet.
Article 49It is strictly forbidden for any organization or individual to interfere with minors' addiction to the Internet and infringe upon their legitimate rights and interests by means of abuse, coercion and other ways that infringe upon their physical and mental health.
Chapter VI Legal Liability
Article 50If local people's governments at all levels and relevant departments at or above the county level violate the provisions of these regulations and fail to perform their duties of network protection for minors, their higher authorities shall order them to make corrections; if they refuse to make corrections or the circumstances are serious, the responsible leaders and directly responsible personnel shall be punished according to law.
Article 51If schools, communities, libraries, cultural centers, youth palaces, etc. violate the provisions of these regulations and fail to perform their duties of protecting the network of minors, the education, culture, and tourism departments shall order corrections in accordance with their respective duties; if they refuse to make corrections or the circumstances are serious, the responsible leaders and directly responsible persons shall be punished according to law.
Article 52If the guardian of a minor fails to perform the guardianship duties stipulated in these regulations or infringes upon the legitimate rights and interests of the minor, the neighborhood committee, villagers' committee, women's federation, the unit where the guardian belongs, primary and secondary schools, kindergartens and other units that have close contact with minors shall criticize and educate, admonish and stop them, and urge them to receive family education and guidance in accordance with the law.
Article 53Those who violate the provisions of Article 7, the third paragraph of Article 19 and the second paragraph of Article 38 of these regulations shall be ordered to make corrections by the departments of network information, press and publication, film, education, telecommunications, public security, civil affairs, culture and tourism, market supervision and management, radio and television according to their respective duties; those who refuse to make corrections or the circumstances are serious shall be fined not less than 50000 yuan but not more than 500000 yuan, the directly responsible person in charge and other directly responsible personnel shall be fined between 10000 yuan and 100000 yuan.
Article 54Those who violate the provisions of the first paragraph of Article 20 of these regulations shall be ordered to make corrections by the departments of Internet information, press and publication, telecommunications, public security, culture and tourism, radio and television in accordance with their respective duties, give warnings, and confiscate illegal gains; those who refuse to make corrections shall also be fined not more than 1 million yuan, and the directly responsible persons in charge and other directly responsible persons shall be fined not less than 10000 yuan but not more than 100000 yuan.
In case of violation of the provisions of items 1 and 5 of paragraph 1 of Article 20 of these regulations, if the circumstances are serious, the departments of Internet information, press and publication, telecommunications, public security, culture and tourism, radio and television at or above the provincial level shall, in accordance with their respective duties, order them to make corrections, confiscate the illegal income and impose a fine of less than 50 million yuan or less than 5% of the turnover of the previous year, it may also be ordered to suspend the relevant business or suspend business for rectification, notify the relevant departments to revoke the relevant business license or business license in accordance with the law, and impose a fine of not less than 100000 yuan but not more than 1 million yuan on the person in charge and other persons directly responsible, and may decide to prohibit them from serving as directors, supervisors, senior managers and persons in charge of the protection of minors of the relevant enterprises within a certain period of time.
Article 55Violation of the provisions of Article 24 and Article 25 of these regulations shall be ordered by the departments of Internet information, press and publication, film, telecommunications, public security, culture and tourism, market supervision and management, radio and television according to their respective duties to make corrections within a time limit, give warnings, confiscate illegal gains, and may concurrently impose a fine of less than 100000 yuan; if they refuse to make corrections or the circumstances are serious, order to suspend relevant business, suspend production or revoke relevant business licenses, if the illegal income is more than 1 million yuan, a fine of 1 to 10 times the illegal income shall be imposed. If there is no illegal income or the illegal income is less than 1 million yuan, a fine of 100000 yuan to 1 million yuan shall be imposed.
Article 56In violation of the provisions of the second and third paragraphs of Article 26, Article 28, the first paragraph of Article 29, the second paragraph of Article 31, Article 36, the first paragraph of Article 38, Articles 42 to 45, the second paragraph of Article 46 and Article 47 of these regulations shall be ordered by the departments of Internet information, press and publication, film, education, telecommunications, public security, culture and tourism, radio and television according to their respective duties to make corrections, give warnings and confiscate illegal gains, if the illegal income is more than 1 million yuan, a fine of 1 to 10 times the illegal income shall be imposed. If there is no illegal income or the illegal income is less than 1 million yuan, a fine of 100000 yuan to 1 million yuan shall be imposed. The directly responsible person in charge and other directly responsible personnel shall be fined 10000 yuan to 100000 yuan. Refuses to correct or the circumstances are serious, and may order the suspension of the relevant business, the suspension of business for rectification, the closure of the website, the revocation of the relevant business license or the revocation of the business license.
Article 57If a network product and service provider violates the provisions of these regulations and is punished by closing the website, revoking the relevant business license or revoking the business license, it shall not reapply for the relevant license within 5 years, and its directly responsible person in charge and other directly responsible personnel shall not engage in similar network product and service business within 5 years.
Article 58Those who violate the provisions of these regulations, infringe upon the legitimate rights and interests of minors and cause damage to minors shall bear civil liability according to law; those who constitute violations of public security management shall be punished according to law; those who constitute a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 59The term "intelligent terminal products" as mentioned in these regulations refers to network terminal products such as mobile phones and computers that can be connected to the network, have an operating system, and can be installed by users themselves.
Article 60These Regulations shall come into force on January 1, 2024.
(Source: Chinese government website)
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