Regulations on Network Protection for Minors
general provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Minors, the Law of the People's Republic of China on Cybersecurity, the Law of the People's Republic of China on the Protection of Personal Information and other laws in order to create a network environment conducive to the physical and mental health of minors and protect the legitimate rights and interests of minors.
Article 2 The network protection of minors should adhere to the leadership of the Communist Party of China, adhere to the socialist core values as the guide, adhere to the principle that is most conducive to minors, adapt to the laws and characteristics of minors' physical and mental health development and cyberspace, and implement social co governance.
Article 3 The national network information department is responsible for coordinating the network protection of minors and doing a good job of network protection of minors according to its responsibilities.
The national press and publication department, the film department and the relevant departments of the State Council, such as education, telecommunications, public security, civil affairs, culture and tourism, health, market supervision and administration, radio and television, should do a good job in protecting minors' networks according to their respective responsibilities.
The local people's governments at or above the county level and their relevant departments shall, in accordance with their respective responsibilities, do a good job in protecting minors' networks.
Article 4 Communist Youth League, Women's Federation, Trade Union, Disabled Persons' Federation, Caring for the Next Generation Working Committee, Youth Federation, Students' Federation, Young Pioneers and other people's organizations, relevant social organizations, grass-roots mass autonomous organizations, assist relevant departments to do a good job of minors' network protection and safeguard their legitimate rights and interests.
Article 5 Schools and families shall educate and guide minors to participate in activities that are beneficial to their physical and mental health, use the Internet in a scientific, civilized, safe and reasonable manner, and prevent and interfere with minors' addiction to the Internet.
Article 6 Network products and service providers, personal information processors, manufacturers and sellers of intelligent terminal products shall abide by laws, administrative regulations and relevant national regulations, respect social ethics, abide by business ethics, be honest and trustworthy, fulfill the obligations of minors' network protection, and bear social responsibilities.
Article 7 Network products and service providers, personal information processors, manufacturers and sellers of intelligent terminal products should accept the supervision of the government and society, cooperate with relevant departments to implement the supervision and inspection of network protection work involving minors according to law, establish convenient, reasonable and effective channels for complaints and reports, and publish the channels and methods of complaints and reports in a prominent way, Timely accept and handle public complaints and reports.
Article 8 Any organization or individual who finds violations of the provisions of these Regulations may make complaints and reports to the relevant departments such as the Internet, press and publication, film, education, telecommunications, public security, civil affairs, culture and tourism, health, market supervision and administration, radio and television. The departments receiving complaints and reports shall deal with them in a timely manner according to law; If it is not the responsibility of the department, it shall be timely transferred to the department that has the authority to deal with it.
Article 9 Network related industry organizations should strengthen industry self-discipline, formulate industry norms related to minors' network protection, guide members to fulfill their obligations of minors' network protection, and strengthen network protection for minors.
Article 10 The news media shall publicize the laws, regulations, policies, measures, typical cases and relevant knowledge of minors' network protection through news reports, special columns (programs), public service advertisements, etc., supervise the acts of infringing minors' legitimate rights and interests by public opinion, and guide the whole society to participate in minors' network protection.
Article 11 The State encourages and supports the strengthening of scientific research and personnel training, as well as international exchanges and cooperation in the field of online protection of minors.
Article 12 Organizations and individuals who have made outstanding contributions to the protection of minors' networks shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Promotion of Network Literacy
Article 13 The education department of the State Council shall incorporate online literacy education into the content of quality education in schools, and work with the national online information department to develop indicators for the evaluation of minors' online literacy.
The education department should guide and support schools to carry out the education of minors' network literacy, and cultivate minors' network security awareness, civilization, behavior habits and protection skills around the formation of network moral awareness, the cultivation of network legal concept, the construction of network use ability, and the protection of personal and property security.
Article 14 People's governments at or above the county level shall make scientific plans and make rational distribution, promote the balanced and coordinated development of public welfare Internet access services, strengthen the construction of public cultural facilities that provide public welfare Internet access services, and improve the Internet access conditions for minors.
Local people's governments at or above the county level shall provide high-quality online literacy education courses for students by providing primary and secondary schools with instructors with corresponding professional abilities, the government purchasing services or encouraging primary and secondary schools to purchase relevant services themselves.
Article 15 Where schools, communities, libraries, cultural centers, youth palaces and other places provide minors with Internet access service facilities, they shall provide minors with Internet guidance and a safe and healthy Internet environment by arranging professionals, recruiting volunteers, installing Internet protection software for minors, or taking other technical measures for security protection.
Article 16 The school should include the improvement of students' network literacy and other contents into education and teaching activities, reasonably use the network to carry out teaching activities, establish and improve the management system of students' Internet access during school, regulate the management of intelligent terminal products brought into the school by minor students according to law, help students develop good Internet habits, and cultivate students' awareness of network security and network rule of law, Enhance students' ability to obtain, analyze and judge network information.
Article 17 The guardians of minors should strengthen the construction of family ethics, improve their network literacy, regulate their own use of the Internet, and strengthen the education, demonstration, guidance and supervision of minors' use of the Internet.
Article 18 The State encourages and supports the research, development, production and use of network protection software, intelligent terminal products, minors' models, minors' zones and other network technologies, products and services that specifically target minors and adapt to the laws and characteristics of the development of minors' physical and mental health, so as to strengthen the construction and transformation of the network barrier free environment, promote minors to broaden their horizons, cultivate their sentiments Improve quality.
Article 19 Juvenile network protection software and intelligent terminal products specially for minors shall have the functions of effectively identifying illegal information and information that may affect the physical and mental health of minors, protecting the rights and interests of minors' personal information, preventing minors from indulging in the network, and facilitating guardians to perform their guardianship duties.
The national network information department, together with the relevant departments of the State Council, shall, according to the needs of minors' network protection work, define the relevant technical standards or requirements for minors' network protection software and intelligent terminal products specially used by minors, guide and supervise the relevant network industry organizations to apply the relevant technical standards and requirements to minors' network protection software Evaluate the use effect of intelligent terminal products specially for minors.
The manufacturer of intelligent terminal products shall install the minors' network protection software before the products leave the factory, or inform users of the installation channels and methods in a conspicuous way. The seller of intelligent terminal products shall inform users of the installation of minors' network protection software, as well as the installation channels and methods, in a conspicuous manner before selling the products.
The 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 20 The network platform service provider with a large number of minors or a significant impact on the minors shall perform the following obligations:
（1） In the design, research and development, operation and other stages of network platform services, fully consider the physical and mental health development characteristics of minors, and regularly carry out the impact assessment of minors' network protection;
（2） Provide minor mode or special area for minors to facilitate minors to obtain products or services on the platform beneficial to physical and mental health;
（3） Establish and improve the compliance system of minors' network protection in accordance with national regulations, and establish an independent organization mainly composed of external members to supervise minors' network protection;
（4） Follow the principles of openness, fairness and impartiality, formulate special platform rules, clarify the minors' network protection obligations of the products or service providers on the platform, and in a significant way remind minors of their legitimate network protection rights and remedies for network infringement;
（5） Stop providing services to products or service providers on the platform who violate laws and administrative regulations and seriously infringe upon the physical and mental health of minors or infringe upon other legitimate rights and interests of minors;
（6） Every year, a special report on social responsibility for minors' network protection is issued and subject to social supervision.
The specific identification measures for the network platform service providers mentioned in the preceding paragraph, which have a large number of minors or have a significant impact on the minors, shall be separately formulated by the national network information department in conjunction with the relevant departments.
Chapter III Network Information Content Specification
Article 21 The State encourages and supports the production, reproduction, release and dissemination of network information that promotes core socialist values, advanced socialist culture, revolutionary culture and excellent traditional Chinese culture, builds a strong sense of community of the Chinese nation, cultivates the family and country feelings and good morality of minors, and guides minors to develop good living habits and behavior habits, Create a clear network space and a good network ecology conducive to the healthy growth of minors.
Article 22 No organization or individual is allowed to produce, copy, publish or disseminate online information that contains content that promotes obscenity, pornography, violence, heresy, superstition, gambling, self mutilation and suicide, terrorism, separatism, extremism and other content that endangers the physical and mental health of minors.
No organization or individual may produce, reproduce, publish, disseminate or hold pornographic network information about minors.
Article 23 If online products and services contain information that may cause or induce minors to imitate unsafe behaviors, commit acts against social morality, generate extreme emotions, develop bad habits and other information that may affect the physical and mental health of minors, the organizations and individuals that produce, copy, release and disseminate the information shall give a significant prompt before the information display.
On the basis of the provisions of the preceding paragraph, the national online information department, together with the national press and publication department, the film department and the education, telecommunications, public security, culture and tourism, radio and television departments of the State Council, shall determine the specific types, scope, criteria and prompt methods of information that may affect the physical and mental health of minors.
Article 24 No organization or individual may produce, copy, publish or disseminate information that may affect the physical and mental health of minors as specified in the first paragraph of Article 23 of these Regulations in online products and services that specifically target minors.
Internet products and service providers shall not present information that may affect the physical and mental health of minors as specified in the first paragraph of Article 23 of these Regulations on the home screen, pop-up window, hot search and other key links that are eye-catching in products or services and easy to attract users' attention.
Network products and service providers shall not conduct commercial marketing to minors through automated decision-making.
Article 25 No organization or individual may send, push or cajole or force minors to contact with online information that is harmful or may affect their physical and mental health.
Article 26 No organization or individual may insult, slander, threaten or maliciously damage the image of minors through the Internet in the form of words, pictures, audio and video.
Internet products and service providers should establish and improve the early warning, prevention, identification, monitoring and disposal mechanism of online bullying, set up functions and channels to facilitate minors and their guardians to keep records of online bullying and exercise their right to notice, and provide convenience for minors to set up a visible range of shielding unfamiliar users and releasing information by themselves Internet bullying information protection options such as prohibiting reprinting or commenting on my published information, and prohibiting sending information to me.
Network products and service providers should establish and improve the feature database of online bullying information, optimize relevant algorithm models, and strengthen the identification and monitoring of online bullying information by combining artificial intelligence, big data and other technical means with manual review.
Article 27 No organization or individual may organize, abet, coerce, entice, cheat or help minors to commit illegal and criminal acts through the Internet in the form of words, pictures, audio and video.
Article 28 Online education network products and service providers targeting minors shall provide corresponding products and services according to the physical and mental development characteristics and cognitive ability of minors at different ages in accordance with laws, administrative regulations and relevant national regulations.
Article 29 The providers of network products and services shall strengthen the management of information released by users, take effective measures to prevent the production, reproduction, release and dissemination of information that violates the provisions of Article 22, Article 24, Article 25, the first paragraph of Article 26 and Article 27 of these Regulations, and immediately stop the transmission of relevant information when finding information that violates the provisions of the above provisions, Take disposal measures such as deleting, blocking and disconnecting links to prevent the spread of information, keep relevant records, report to the Cyberspace, public security and other departments, and take measures such as warning, restricting functions, suspending services and closing accounts for users who produce, copy, publish and disseminate the above information.
If the provider of network products and services finds that the information specified in the first paragraph of Article 23 of these Regulations has not been prominently prompted by users when they publish and disseminate it, it shall give prompts or notify users to give prompts; If no prompt is given, the information shall not be transmitted.
Article 30 The national online information, press and publication, film department and the education, telecommunications, public security, culture and tourism, radio and television and other departments of the State Council find information that violates the provisions of Article 22, Article 24, Article 25, the first paragraph of Article 26, and Article 27 of these regulations, or find that the information specified in the first paragraph of Article 23 of these regulations is not significantly prompted, Internet products and service providers shall be required to deal with them in accordance with the provisions of Article 29 of these Regulations; For the above information from abroad, the relevant institutions shall be notified to take technical measures and other necessary measures to block the dissemination according to law.
Chapter IV Personal Information Network Protection
Article 31 Where an online service provider provides information release, instant messaging and other services for minors, it shall require minors or their guardians to provide their true identity information according to law. If minors or their guardians do not provide their true identity information, network service providers shall not provide relevant services for minors.
The webcast service provider shall establish a dynamic verification mechanism for the real identity information of webcast publishers, and shall not provide webcast publishing services to minors who do not meet the legal requirements.
Article 32 The personal information processor shall strictly abide by the provisions of the national network information department 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 the processing of unnecessary personal information, or withdraw their consent because minors or their guardians do not agree to the processing of unnecessary personal information, Deny minors from using their basic functional services.
Article 33 The guardians of minors shall educate and guide minors to enhance their awareness and ability of personal information protection, master the scope of personal information, understand the security risks of personal information, guide minors to exercise their rights to consult, copy, correct, supplement, delete and other rights in personal information processing activities, and protect the rights and interests of minors' personal information.
Article 34 Where minors or their guardians request to consult, copy, correct, supplement or delete minors' personal information according to law, personal information processors shall comply with the following provisions:
（1） Provide convenient ways and means to support minors or their guardians to access the types and quantities of minors' personal information, and may not limit the reasonable requests of minors or their guardians;
（2） Provide convenient functions to support minors or their guardians to copy, correct, supplement and delete minors' personal information, and shall not set unreasonable conditions;
（3） If an application for minors or their guardians to consult, copy, correct, supplement or delete minors' personal information is accepted and handled in a timely manner, and if a request for minors or their guardians to exercise their rights is rejected, the applicant shall be notified in writing and the reasons shall be explained.
If the request for transferring the personal information of minors submitted by minors or their guardians in accordance with the law meets the conditions specified by the national network information department, the personal information processor shall provide the means of transfer.
Article 35 If the personal information of minors is leaked, tampered with or lost, the personal information processor shall immediately launch the emergency plan for personal information security incidents, take remedial measures, report to the Internet and other departments in a timely manner, and send the incident information by mail, letter, telephone Inform the affected minors and their guardians by means of information push.
If it is difficult for personal information processors to inform one by one, they shall adopt reasonable and effective ways to timely release relevant warning information, unless otherwise stipulated by laws and administrative regulations.
Article 36 The personal information processor shall strictly set the information access authority and control the scope of minors' personal information knowledge based on the principle of minimum authorization. Where a staff member accesses the personal information of a minor, he/she shall obtain the approval of the relevant person in charge or his/her authorized management personnel, record the access, and take technical measures to avoid illegal handling of the personal information of a minor.
Article 37 The personal information processor shall, on its own or by entrusting a professional institution, carry out compliance audit on its compliance with laws and administrative regulations in dealing with minors' personal information every year, and report the audit to such departments as Cybertrust in a timely manner.
Article 38 If an Internet service provider discovers that private information of minors or personal information of minors published through the Internet involves private information, it shall prompt in time and take necessary protective measures such as stopping transmission to prevent information diffusion.
If the network service provider discovers that minors may be infringed through their private information, it shall immediately take necessary measures to keep relevant records and report to the public security organ.
Chapter V Prevention and Control of Internet Addiction
Article 39 The prevention and intervention of minors' addiction to the Internet shall comply with laws, administrative regulations and relevant national provisions.
The education, health, market supervision and administration departments shall supervise and manage the institutions engaged in the prevention and intervention activities of minors' addiction to the Internet according to their respective responsibilities.
Article 40 Schools should strengthen the guidance and training of teachers, and improve teachers' ability to identify and intervene in the early stage of minors' addiction to the network. For minor students who tend to indulge in the Internet, the school should inform their guardians in a timely manner, and jointly educate and guide them to help them resume their normal study life.
Article 41 The guardians of minors shall guide minors to use the Internet safely and reasonably, pay attention to minors' Internet access and related physiological, psychological and behavioral conditions, prevent minors from contacting with Internet information that may harm or affect their physical and mental health, reasonably arrange the time for minors to use the Internet, and prevent and interfere with minors' addiction to the Internet.
Article 42 Internet products and service providers shall establish and improve the anti addiction system, shall not provide minors with products and services that induce them to indulge, timely modify the contents, functions and rules that may cause minors to indulge, and shall publish the anti addiction work to the society every year to accept social supervision.
Article 43 Online service providers such as online games, online live broadcast, online audio and video, and online social networking should adhere to the principles of integration, friendliness, practicality, and effectiveness, set up a juvenile model, and provide corresponding services in terms of use duration, duration, functions, and content in accordance with relevant national regulations and standards, It also provides time management, authority management, consumption management and other functions for guardians to perform their guardianship duties in an eye-catching and convenient way.
Article 44 Online service providers such as online games, online live broadcast, online audio and video, and online social networking should take measures to reasonably limit the amount of a single consumption and the amount of cumulative consumption in a single day when minors of different ages use their services, and should not provide minors with payment services that are inconsistent with their civil behavior capabilities.
Article 45 Online service providers such as online games, online live broadcast, online audio and video, and online social networking should take measures to prevent and resist negative value tendencies such as traffic supremacy. They should not set up online communities, groups, and topics with the theme of fundraising, voting, and volume control, and should not induce minors to participate in fundraising, voting, and rating Online activities such as quantity control and rating, and prevent and stop their users from inducing minors to commit the above behaviors.
Article 46 The online game service provider shall verify the real identity information of minors through the unified electronic identity authentication system for minors online games and other necessary means.
Network products and service providers shall not provide game account rental services for minors.
Article 47 Online game service providers should establish and improve the 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.
The online game service provider shall implement the age appropriate reminder requirements, classify the game products according to the physical and mental development characteristics and cognitive ability of minors at different age stages by evaluating the type, content, function and other elements of the game products, define the age stage of the game products suitable for minors, and download, register Significantly prompt the login interface and other locations.
Article 48 The departments of press and publication, education, health, culture and tourism, radio and television, and Internet information should regularly carry out publicity and education on preventing minors from indulging in the Internet, supervise and inspect the performance of network products and service providers in preventing minors from indulging in the Internet, guide families, schools, and social organizations to cooperate with each other, and adopt scientific The prevention and intervention of minors' addiction to the Internet should be carried out in a reasonable way.
The national press and publication department takes the lead in organizing the prevention and control of minors' addiction to online games, and together with the relevant departments, formulates the management regulations on the time period, duration, consumption ceiling, etc. for providing online game services to minors.
Health, education and other departments shall guide relevant medical and health institutions, colleges and universities, etc. according to their respective responsibilities, to carry out basic research, screening, assessment, diagnosis, prevention, intervention and other applied research on mental disorders and psychological behavior problems caused by minors' addiction to the Internet.
Article 49 It is strictly prohibited for any organization or individual to interfere with minors' addiction to the Internet and infringe upon minors' legitimate rights and interests by abusing, coercing or other means that infringe upon minors' physical and mental health.
Chapter VI Legal Liability
Article 50 If the local people's governments at all levels and the relevant departments at or above the county level violate the provisions of these Regulations and fail to perform their duties of protecting minors' networks, their superior authorities shall order them to make corrections; If they refuse to make corrections or the circumstances are serious, the leading persons who are responsible and the persons who are directly responsible shall be given sanctions according to law.
Article 51 If schools, communities, libraries, cultural centers, youth palaces, etc. violate the provisions of these Regulations and fail to perform their duties of protecting minors' networks, the education, culture, tourism and other departments shall order them to make corrections according to their respective duties; If they refuse to make corrections or the circumstances are serious, the leading persons who are responsible and the persons who are directly responsible shall be given sanctions according to law.
Article 52 Where the guardians of minors fail to perform their duties of guardianship as prescribed in these Regulations or infringe upon the lawful rights and interests of minors, the neighborhood committee, village committee, women's federation in the place where the minors live, the units to which the guardians belong, primary and secondary schools, kindergartens and other units that have close contact with minors shall criticize, educate, dissuade and stop them according to law Urge them to accept family education guidance.
Article 53 Those 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 communications, press and publication, film, education, telecommunications, public security, civil affairs, culture and tourism, market supervision and administration, radio and television, etc. according to their respective duties; If they refuse to make corrections or the circumstances are serious, they shall be fined not less than 50000 yuan but not more than 500000 yuan, and the directly responsible person in charge and other directly responsible persons shall be fined not less than 10000 yuan but not more than 100000 yuan.
Article 54 Those who violate the provisions of the first paragraph of Article 20 of these Regulations shall be ordered to correct, given a warning and confiscated of their illegal income by the departments of network communications, press and publication, telecommunications, public security, culture, tourism, radio and television, etc. according to their respective duties; If they refuse to make corrections, they shall be fined not more than 1 million yuan, and the directly responsible person in charge and other directly responsible persons shall be fined not less than 10000 yuan but not more than 100000 yuan.
Those who violate the provisions of Item 1 and Item 5 of Paragraph 1 of Article 20 of these Regulations, and the circumstances are serious, shall be ordered to make corrections by the departments of network information, press and publication, telecommunications, public security, culture and tourism, radio and television at or above the provincial level according to their respective duties, confiscated of their illegal income, and fined not more than 50 million yuan or not more than 5% of the turnover of the previous year, And may order the suspension of relevant business or the suspension of business for rectification, notify the relevant department to revoke the relevant business license or revoke the business license according to law; The directly responsible person in charge and other directly responsible persons shall be fined not less than 100000 yuan but not more than 1 million yuan, and may decide to prohibit them from serving as directors, supervisors, senior managers and persons in charge of juvenile protection of relevant enterprises within a certain period of time.
Article 55 Those who violate the provisions of Article 24 and Article 25 of these Regulations shall be ordered to make corrections within a time limit, given a warning, confiscated of their illegal income, and may be concurrently fined not more than 100000 yuan by the departments of network communications, press and publication, film, telecommunications, public security, culture and tourism, market supervision and administration, radio and television, etc. according to their respective duties; If it refuses to correct or the circumstances are serious, it shall be ordered to suspend the relevant business, suspend production or business, or revoke the relevant business license or business license. If the illegal income is more than 1 million yuan, it shall be fined more than one time but less than 10 times the illegal income. If there is no illegal income or the illegal income is less than 1 million yuan, it shall be fined more than 100000 yuan but less than 1 million yuan.
Article 56 In 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 Radio and television departments shall, according to their respective duties, order corrections, give warnings, confiscate illegal income, impose a fine of more than one time but less than 10 times the illegal income if the illegal income is more than 1 million yuan, and impose a fine of more than 100000 yuan but less than 1 million yuan if there is no illegal income or the illegal income is less than 1 million yuan, The directly responsible person in charge and other directly responsible persons shall be fined not less than 10000 yuan but not more than 100000 yuan; If they refuse to make corrections or the circumstances are serious, they may also be ordered to suspend relevant businesses, suspend business for rectification, close websites, revoke relevant business licenses or revoke business licenses.
Article 57 If a provider of network products and services 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 five years, and its directly responsible executives and other directly responsible personnel shall not engage in the business of similar network products and services within five years.
Article 58 Those 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; If it constitutes a violation of the administration of public security, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 59 The term "intelligent terminal products" as mentioned in these Regulations refers to mobile phones, computers and other network terminal products that can access the network, have an operating system, and can be installed by users themselves.
Article 60 These Regulations shall come into force as of January 1, 2024.
