News

On September 20, 2023, the 15th executive meeting of the State Council approved the "Regulation on the Protection of Minors in Cyberspace" (hereinafter referred to as the "Regulation"). Effective from January 1, 2024, the seven-chapter, 60-article regulation represents China's first comprehensive legislation specifically addressing the protection of minors in the online realm. This regulation holds significant importance in creating a cyberspace conducive to the physical and mental well-being of minors while safeguarding their legal rights and interests.

Challenges Posed by Internet Development:

With over a billion internet users in China, nearly 200 million are minors. While the internet has significantly expanded the learning and living spaces for minors, offering convenience, the rapid growth of the online world has brought forth challenges. Issues such as the proliferation of illegal and harmful content, misuse of minors' personal information leading to scams, online bullying, and minors succumbing to excessive internet use and gaming, have become prevalent. These challenges have created concerns for minors, parents, schools, and society at large, necessitating legislative solutions.

Key Provisions of the Regulation:

The "Regulation" addresses various crucial issues related to the protection of minors in cyberspace, including responsibilities, promoting digital literacy, regulating online content, preventing and combating online bullying, protecting minors' personal information, preventing internet addiction, and curbing irrational online consumption.

Strengthening Legal Mechanisms:

The promulgation and implementation of the "Regulation" enhance the legal framework for the protection of minors in cyberspace. It ensures the healthy growth of minors in the online environment and achieves an effective balance between "digital rights protection" and "legal rights protection" for minors in the digital age. The regulation reflects principles most favorable to minors, reinforcing the digital protection of minors.

Clear Roles and Responsibilities:

Unlike previous situations where legal resolutions were sought through various laws, including the "Law on the Protection of Minors," the "Regulation" provides clear roles and responsibilities for relevant entities. As a higher-level administrative regulation, it offers precise guidance, making the system more accountable. This results in a comprehensive, multi-layered governance system, forming a "community" for the protection of minors in cyberspace, involving families, schools, government departments, internet service providers, and producers and sellers of related intelligent terminals.

Focus on Digital Literacy Promotion:

A noteworthy aspect of the "Regulation" is its emphasis on promoting "digital literacy." In contrast to the past inclination to restrict minors from the internet, recognizing the current reality, the regulation acknowledges that completely disconnecting minors from the internet is impractical. Given the internet's integral role in daily life, including payments, shopping, and even home management, treating the internet as a "ferocious beast" is outdated. Instead, the regulation encourages enhancing digital literacy, helping minors learn how to navigate and use the internet responsibly, protecting them from malicious influences, and steering them away from potential pitfalls.

Conclusion:

The "Regulation on the Protection of Minors in Cyberspace" represents China's pioneering comprehensive legislation specifically addressing the protection of minors online. By consolidating existing rules and mature practices into a systematic framework, it enhances the operability and enforceability of previous regulations. The regulation is expected to play a proactive role in promoting the healthy growth of minors. However, ongoing adjustments and practical examinations are essential to ensure its effectiveness, prevent abuse of power, and avoid adverse effects on technological progress. Active promotion and clarification of rights and obligations among relevant entities will contribute to a more targeted, clear, and effective set of rules, preventing potential pitfalls and fostering a conducive environment for minors in the digital era.