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The Regulations on the Protection of Minors in Cyberspace have officially come into effect! Let sunshine shine upon every child.

2023-12-18 · Admin

I. Introduction

With the widespread adoption and development of the Internet, minors are gaining access to the online world at an increasingly early age, and the Internet has become an integral part of their lives and studies. According to the 52nd "Statistical Report on China's Internet Development" released by the China Internet Network Information Center (CNNIC), as of June 2023, the number of Internet users in China had reached 1.079 billion, among which the number of minor Internet users had exceeded 191 million. However, a substantial amount of harmful information exists online, such as violence, pornography, and fraud, posing significant risks to the physical and mental health and development of minors. Therefore, protecting minors' cybersecurity has become an urgent task. To strengthen the protection of minors online and prevent them from being harmed by harmful online information, China has enacted the "Regulations on the Protection of Minors in Cyberspace" (hereinafter referred to as the "Regulations").

II. Highlights of the Regulations

(A) Obligations of Online Product and Service Providers

The Regulations establish the obligations of online product and service providers in three aspects: prohibition of providing harmful information, requirements for anti-addiction systems, and prevention and handling of cyberbullying. The implementation of these measures will contribute to providing a safe and healthy online environment for minors, protecting their physical and mental health and lawful rights and interests. At the same time, this requires online product and service providers to earnestly fulfill their social responsibilities and actively cooperate with the efforts of the government and all sectors of society to jointly create a clean and orderly cyberspace.

(1) Prohibition of Providing Harmful Information

The Regulations explicitly stipulate that online product and service providers shall strictly comply with laws and regulations and are prohibited from providing harmful information to minors. This includes content such as violence, pornography, gambling, and terror that may adversely affect the physical and mental health of minors. To ensure the enforcement of this provision, the Regulations require online product and service providers to establish a rigorous content review mechanism, conduct real-time monitoring and filtering of published information, and ensure that harmful information is not disseminated. Furthermore, for violations, the Regulations set forth severe penalties, including fines and revocation of business licenses, to ensure the cleanliness of the online environment.

(2) Requirements for Anti-Addiction Systems

Addressing the potential issue of minors' Internet addiction, the Regulations impose requirements on online product and service providers regarding anti-addiction systems. This mandates that online service providers shall adopt technical measures to impose reasonable restrictions on the time and frequency of minors' Internet use, preventing them from becoming excessively addicted to the Internet. Specifically, online service providers are required to develop and implement effective anti-addiction systems, such as setting usage time limits and reminding users to take breaks, to ensure that minors can use the Internet in a healthy and reasonable manner.

(3) Prevention and Handling of Cyberbullying

Cyberbullying has become an increasingly serious problem in recent years, causing significant harm to the physical and mental health of minors. To this end, the Regulations require online product and service providers to establish effective mechanisms for the prevention and handling of cyberbullying. First, online service providers need to strengthen supervision to promptly detect and address acts of cyberbullying. Second, they must provide convenient reporting channels to encourage users to actively report cyberbullying. Meanwhile, for acts confirmed as cyberbullying, online service providers shall take necessary measures to stop them and impose serious sanctions on the responsible parties. Additionally, the Regulations require online service providers to enhance user education to improve minors' cybersecurity awareness and self-protection capabilities.

(B) Responsibilities of Families, Schools, and Society

The Regulations establish the respective responsibilities of families, schools, and society in the protection of minors online. The implementation of these measures will contribute to forming a pattern of online protection for minors involving the joint participation of the government, enterprises, schools, families, and society, thereby providing a safe and healthy online environment for minors.

(1) Family Education and Supervision

The family is the first classroom for the growth of minors, and parents play a significant role in their children's use of the internet. The Regulations require that parents or other guardians shall strengthen the guidance and supervision of minors' internet use, and assume the responsibility of family education and supervision.

First, parents shall pay attention to their children's online behavior, guide them in the proper use of the internet, and prevent them from becoming addicted to the internet or accessing harmful information. This includes establishing good communication with their children, understanding their internet usage habits and needs, and guiding them to develop a correct concept of internet use.

Second, parents shall strengthen the protection of their children's online safety. This includes protecting their children's personal information from disclosure and preventing their children from engaging in online transactions without parental consent. At the same time, parents shall also educate their children on how to identify online risks, thereby enhancing their cybersecurity awareness and self-protection capabilities.

(2) School Education and Supervision

Schools are important venues for minors to receive education and are also one of the primary environments where they access the internet. The Regulations require schools to strengthen education on digital literacy for students and assume the responsibility of school education and supervision.

First, schools shall incorporate digital literacy education into the curriculum to ensure that students acquire basic internet knowledge and skills. This includes educating students on how to use the internet properly, identify online risks, and protect personal information, among other knowledge and skills.

Second, schools shall strengthen the supervision of students' internet use during school hours. This includes establishing strict campus internet usage regulations, prohibiting students from accessing illegal or harmful information on campus, and ensuring a clean and safe campus network environment. At the same time, schools shall also establish effective mechanisms for the prevention and handling of cyberbullying, promptly identifying and addressing incidents of cyberbullying on campus.

(3) Social Education and Supervision

Society is the broader environment for the growth of minors, and all sectors of society bear significant responsibility in the online protection of minors. The Regulations encourage all sectors of society to actively participate in the work of protecting minors online and assume the responsibility of social education and supervision.

First, internet enterprises shall provide online products and services suitable for minors, while adopting technical measures to protect the personal information of minors. This includes developing internet applications appropriate for minors and providing a safe and reliable online environment. Internet enterprises shall also strengthen the supervision and handling of harmful information to ensure a clean and safe online environment.

Second, educational institutions, public welfare organizations, and others shall actively participate in the work of digital literacy education for minors. This includes conducting digital literacy training courses, producing promotional materials for digital literacy education, and providing rich digital literacy education resources for minors. At the same time, these institutions shall also strengthen the monitoring and research of minors' internet usage, providing targeted suggestions and measures for the government and society.

(III) Supervision and Penalty Measures

The Regulations set forth specific legal responsibilities for entities such as online product and service providers, families, schools, and society. Online product and service providers must ensure the safety of information content, prohibit the provision of harmful information, and implement measures for addiction prevention and cyberbullying prevention; otherwise, they will face penalties such as warnings, fines, orders to suspend operations for rectification, and revocation of business licenses. Families must assume the responsibility of guiding and supervising minors' online behavior; if they fail to fulfill their duties, resulting in minors suffering online harm, they will bear corresponding legal liability. Schools must strengthen digital literacy education; if they fail to fulfill their educational and management duties, leading to students suffering online harm, they will be subject to sanctions by the education administrative department. All sectors of society must jointly participate in online protection efforts; if they violate relevant regulations and cause adverse effects, they will also be subject to corresponding penalties.

III. Conclusion

Finally, the Regulations also emphasize the importance and urgency of online protection for minors, calling for the collective attention and participation of the entire society. To ensure the online safety and healthy development of minors, concerted efforts and cooperation from the government, enterprises, schools, families, and all sectors of society are required. Let us work together to build a safe, healthy, and green online environment, providing better online protection and services for minors.