The "Regulations on the Protection of Minors on the Internet" are announced and will come into effect from January 1, 2024

Tech 2023-10-25 13:56:13 Source: Network

On October 25th, the State Council recently announced the "Regulations on the Protection of Minors' Cyberspace" (hereinafter referred to as the "Regulations"), aiming to create a network environment conducive to the physical and mental health of minors and protect their legitimate rights and interests.It is reported that this is the first specialized comprehensive legislation on the protection of minors' networks in China

On October 25th, the State Council recently announced the "Regulations on the Protection of Minors' Cyberspace" (hereinafter referred to as the "Regulations"), aiming to create a network environment conducive to the physical and mental health of minors and protect their legitimate rights and interests.

It is reported that this is the first specialized comprehensive legislation on the protection of minors' networks in China. The Regulations consist of seven chapters and 60 articles, with a focus on promoting the online literacy of minors, regulating the content of online information, protecting personal information online, and preventing internet addiction. They will come into effect on January 1, 2024.

Among them, the "Regulations" clearly include online literacy education in the content of school quality education. Request to improve the internet access conditions for minors and provide high-quality online literacy education courses. Strengthen the responsibility of schools and guardians for online literacy education, and establish a sound management system for students' online access during their school years. Clarify the functional requirements for juvenile network protection software and intelligent terminal products specifically designed for use by minors. The obligation to protect minors' networks shall be fulfilled by network platform service providers who have a large number of minors or have a significant impact on the minors' group.

The Regulations stipulate that the state encourages and supports the production, reproduction, publication, and dissemination of online information that is conducive to the healthy growth of minors. Clarify the measures and reporting obligations for online product and service providers to handle information that poses a threat or may affect the physical and mental health of minors. Prohibit any organization or individual from engaging in online bullying against minors. Require online product and service providers to establish a sound mechanism for early warning, prevention, identification, monitoring, and disposal of online bullying.

The Regulations require teachers to improve their early identification and intervention abilities for underage students who are addicted to the internet, and strengthen guardians' guidance on the safe and reasonable use of the internet by minors. It is stipulated that internet service providers should reasonably limit the amount of consumption by minors of different age groups in using their services, and prevent and resist negative value tendencies such as traffic prioritization. Require online game service providers to establish and improve game rules to prevent minors from becoming addicted to the internet, classify game products, and provide age appropriate reminders.

The Regulations also specify that online live streaming service providers should establish a dynamic verification mechanism for the true identity information of online live streaming publishers. The guardian of a minor may request the exercise of the right to access, copy, correct, supplement, or delete the personal information of the minor. If the request is refused, the applicant shall be notified in writing and the reasons shall be explained. If a network service provider discovers that the private information of minors or the personal information released by minors through the internet involves private information, it shall promptly prompt and take necessary protective measures. Personnel of personal information processors who access the personal information of minors should obtain approval from the relevant person in charge or authorized management personnel, record the access situation, and take technical measures to avoid illegal processing of minors' personal information.

Recently, relevant officials from the Ministry of Justice and the National Cyberspace Administration interpreted the regulations.

The relevant heads of the two departments introduced that the regulations adhere to a problem oriented approach and focus on the prominent issues faced by the online protection work of minors; Adhere to social co governance, clarify the responsibilities of relevant government departments, enterprises, schools, families, industry organizations, news media, etc. in the protection of minors' networks; Adhere to legislative coordination, handle the relationship between regulations and relevant laws and regulations, and elevate mature and effective practices in the practice of protecting minors' networks to institutional provisions.

Attachment: Full text of the "Regulations on the Protection of Minors on the Internet"

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