Regulation on the Protection of Minors in Cyberspace

Regulation on the Protection of Minors in Cyberspace

Order of the State Council of the People's Republic of China

(No. 766)

The Regulation on the Protection of Minors in Cyberspace, as adopted at the 15th executive meeting of the State Council on September 20, 2023, is hereby issued and shall come into force on January 1, 2024.

Premier: Li Qiang

October 16, 2023

Regulation on the Protection of Minors in Cyberspace

Chapter I General Provisions

Article 1 This Regulation is developed in accordance with the Law of the People's Republic of China on the Protection of Minors, the Cybersecurity Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, and other applicable laws to create a network environment conducive to the physical and mental health of minors and safeguard the lawful rights and interests of minors.

Article 2 The protection of minors in cyberspace shall adhere to the leadership of the Communist Party of China, the guidance of core socialist values and the principle of being most beneficial to the minors, be in line with the physical and mental health development of minors and the law and characteristics of cyberspace, and be subject to social co-governance.

Article 3 The cyberspace affairs department of the state shall be responsible for the overall coordination of the protection of minors in cyberspace and effectively protect minors in cyberspace according to its duties.

The press and publication and film departments of the state and the education, telecommunications, public security, civil affairs, culture and tourism, health, market regulation, radio and television, and other relevant departments of the State Council shall effectively protect minors in cyberspace according to their respective duties.

Local people's governments at and above the county level and their relevant departments shall effectively protect minors in cyberspace according to their respective duties.

Article 4 The communist youth league organizations, 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, relevant social organizations, and basic self-governing mass organizations shall assist relevant authorities in effectively protecting minors in cyberspace and safeguarding the minors' lawful rights and interests.

Article 5 Schools and families shall educate and guide minors to participate in activities that are conducive to their physical and mental health and to access Internet space in a scientific, civilized, safe, and reasonable manner, so as to prevent and intervene in minors' addiction to the Internet.

Article 6 Online product and service providers, personal information processors, and intelligent terminal product manufacturers and sellers shall abide by laws, administrative regulations, and the relevant provisions issued by the state, respect social morality, observe business ethics, act in good faith, fulfill the obligation of protecting minors in cyberspace, and assume social responsibilities.

Article 7 Online product and service providers, personal information processors, and intelligent terminal product manufacturers and sellers shall accept government and social supervision, cooperate with relevant departments in carrying out the supervision and inspection involving the protection of minors in cyberspace in accordance with the law, establish convenient, reasonable, and effective channels for filing complaints and reports, publicize the channels and methods for filing complaints and reports in a conspicuous manner, and promptly accept and handle the complaints and reports filed by the public.

Article 8 Any organization or individual discovering any violation of this Regulation may file a complaint or report with the cyberspace affairs, press and publication, film, education, telecommunications, public security, civil affairs, culture and tourism, health, market regulation, radio and television, and other relevant departments. The department that receives a complaint or report shall promptly handle the case in accordance with the law or transfer the case that does not fall under its duties to the appropriate department in a timely manner.

Article 9 Network-related industry organizations shall strengthen industrial self-regulation, develop relevant industry norms on the protection of minors in cyberspace, direct their members to fulfill the obligation of protecting minors in cyberspace, and strengthen the protection of minors in cyberspace.

Article 10 News media shall publicize the laws, regulations, policies and measures, typical cases, and relevant knowledge on the protection of minors in cyberspace in such forms as news reports, special columns (programs), and public service advertisements, conduct supervision by public opinions over any infringement upon the lawful rights and interests of minors, and guide the entire society to jointly participate in the protection of minors in cyberspace.

Article 11 The state encourages and supports the strengthening of scientific research, talent cultivation, and international exchange and cooperation in the field of the protection of minors in cyberspace.

Article 12 The organizations and individuals that have made prominent contributions to the protection of minors in cyberspace shall be commended and rewarded in accordance with relevant rules issued by the state.

Chapter II Promotion of Web Literacy and Morality

Article 13 The education department of the State Council shall incorporate web literacy and morality education into schools' quality-oriented education, and formulate indicators for assessing minors' web literacy and morality in conjunction with the cyberspace affairs department of the state.

Education departments shall guide and support schools in carrying out web literacy and morality education for minors, and foster minors' cybersecurity awareness, civilization quality, behavioral habits, and protection skills focusing on the formation of moral awareness in cyberspace, the cultivation of the concept of rule of law in cyberspace, the construction of the ability to use the Internet, and the protection of personal and property safety, among others.

Article 14 People's governments at and above the county level shall make scientific planning and reasonable layout, promote the balanced and coordinated development of non-profit Internet access services, strengthen the construction of public cultural facilities that provide non-profit Internet access services, and improve the conditions for minors to access the Internet.

Local people's governments at and above the county level shall provide students with quality web literacy and morality education courses by assigning guidance teachers with corresponding professional abilities to primary and secondary schools, government procurement of services, or encouraging primary and secondary schools to purchase the relevant services on their own.

Article 15 Schools, communities, libraries, cultural centers, youth and children's palaces, and other places that provide minors with Internet access service facilities shall provide minors with Internet access guidance and a safe and healthy Internet access environment by arranging for professionals, recruiting volunteers, or other methods, installing software designed to protect minors in cyberspace, or taking other technical measures for security protection.

Article 16 Schools shall include the improvement of students' web literacy and morality into their education and teaching activities, reasonably use the Internet to carry out teaching activities, establish and improve management rules for students' Internet access at school, standardize and manage intelligent terminal products brought by minor students to schools in accordance with the law, help students form good Internet access habits, foster students' awareness of cybersecurity and rule of law in cyberspace, and enhance students' ability to obtain, analyze, and judge information online.

Article 17 The guardians of minors shall strengthen the construction of family education and family style, improve their web literacy and morality, regulate their 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 and development, production and use of software to protect minors in cyberspace, intelligent terminal products, minor mode, special zones for minors, and other network technologies, products, and services that specifically target minors and adapt to the laws and characteristics of the physical and mental health development of minors, shall strengthen the construction and transformation of barrier-free environment in cyberspace, and promote minors to broaden their horizons, cultivate their sentiments, and improve their quality.

Article 19 Software designed to protect minors in cyberspace and intelligent terminal products specifically provided for minors to use shall have the functions of effectively identifying illegal information and information that may affect the physical and mental health of minors, protecting minors' personal information rights and interests, preventing minors from becoming addicted to the Internet, and facilitating guardians' fulfillment of guardianship duties, among others.

In conjunction with the relevant departments of the State Council, the cyberspace affairs department of the state shall, in light of the need to protect minors in cyberspace, specify the relevant technical standards or requirements for software designed to protect minors in cyberspace and intelligent terminal products specifically provided for minors to use, and guide and supervise network-related industry organizations' assessment of the use effects of software designed to protect minors in cyberspace and intelligent terminal products specifically provided for minors to use in accordance with the relevant technical standards and requirements.

Manufacturers of intelligent terminal products shall install software designed to protect minors in cyberspace before the products leave the factory or inform users of the installation channels and methods in a conspicuous manner. Sellers of intelligent terminal products shall, before the sale of products, inform users of the information about the installation of software designed to protect minors online as well as installation channels and methods in a conspicuous manner.

The guardians of minors shall rationally use and direct the minors' use of network protection software and intelligent terminal products, among others, and create a good family environment for Internet use.

Article 20 An online platform service provider with a large number of minor users or with a significant impact on the group of minors shall fulfill the following obligations:

(1) In the design, research and development, operation, and other stages of online platform services, it shall fully consider the characteristics of minors' physical and mental development and regularly assess the impact of the protection of minors in cyberspace.

(2) It shall provide the minor mode or special areas for minors, among others, to facilitate minors in obtaining products or services on the platform that are conducive to their physical and mental health.

(3) It shall establish and improve a compliance system for the protection of minors in cyberspace in accordance with the provisions issued by the state, and establish an independent institution mainly consisting of external members to supervise the protection of minors in cyberspace.

(4) It shall follow the principles of openness, fairness, and impartiality, develop specific platform rules, specify the obligation of product or service providers on the platform to protect minors in cyberspace, and remind minor users of their legal rights to be protected in cyberspace and the remedies against any cyber infringement in a conspicuous manner.

(5) It......