scholarly journals People’s Republic of China Legal Update: The Notice on Further Strictly Regulating and Effectively Preventing Online Video Gaming Addiction in Minors (Published August 30, 2021, Effective September 1, 2021)

2021 ◽  
Author(s):  
Leon Y. Xiao
Keyword(s):  
People’S Republic Of China ◽  
Video Gaming ◽  
Online Video ◽  
Gaming Addiction ◽  
People's Republic Of China ◽  
Regulatory Requirements ◽  
Gaming Industry ◽  
Republic Of China ◽  
Regulatory Development ◽  
Online Video Games

The National Press and Publication Administration (NPPA) of the People’s Republic of China published the Notice on Further Strictly Regulating and Effectively Preventing Online Video Gaming Addiction in Minors (the “2021 Notice”) on August 30, 2021. The 2021 Notice becomes effective on September 1, 2021. The 2021 Notice updates (and, where incompatible, supersedes) the older regulatory requirements set out by the NPPA in the Notice on the Prevention of Online Gaming Addiction in Juveniles (the “2019 Notice”) published nearly two years ago on 25 October 2019, which was translated and discussed by Xiao at 24 GAMING LAW REV. 51–53. The two Notices regulate video gaming in China and restrict minors’ (defined as people under the age of 18) access to online video games. This International Gaming Industry Update comparesthe old and new regulatory positions and comments on the implications of this regulatory development in China.

scholarly journals People’s Republic of China Legal Update: Supreme People’s Court’s Guiding Opinion on Refund Requests Relating to Unauthorised Online Video Gaming Transactions Paid for by Minors (Published 15 May 2020)

2020 ◽  
Author(s):  
Leon Y. Xiao
Keyword(s):  
Video Game ◽  
Service Providers ◽  
People’S Republic Of China ◽  
Video Gaming ◽  
Online Video ◽  
People's Republic Of China ◽  
Internet Service ◽  
Republic Of China ◽  
Novel Coronavirus ◽  
Online Video Games

The Supreme People’s Court (SPC) of the People’s Republic of China (PRC) promulgated its Guiding Opinion on Several Issues Concerning the Lawful and Proper Handling of Civil Cases Involving the Novel Coronavirus Pneumonia (COVID-19) Epidemic No. 2 (hereinafter, the ‘Guiding Opinion’) on 15 May 2020. Paragraph 9 of the Guiding Opinion declares that: ‘If a person with “limited capacity for civil conduct,” without the consent of their guardian, engages with paid online video games [e.g., purchases a video game software or makes in-game purchases through microtransactions], or “donates” to content creators or makes other similar payments on livestreaming platforms, to such a sum which is “incompatible with their age and intellectual abilities,” the courts shall support claims from their guardians demanding refund from the internet service providers [e.g., the game company or the livestreaming platform] for such payments.’

scholarly journals People's Republic of China Legal Update - The Notice on the Prevention of Online Gaming Addiction in Juveniles

2019 ◽  
Author(s):  
Leon Y. Xiao
Keyword(s):  
Service Providers ◽  
Online Gaming ◽  
People’S Republic Of China ◽  
Gaming Addiction ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Legal Obligations ◽  
Verification Process ◽  
Public Holidays ◽  
Age Range

Final publication is available from Mary Ann Liebert, Inc., publishers http://dx.doi.org/10.1089/glr2.2019.0002The General Administration of Press and Publication of the People’s Republic of China published the Notice on the Prevention of Online Gaming Addiction in Juveniles (the ‘Notice’) on 25 October 2019. The Notice imposes new legal obligations on online gaming service providers in order to ensure the protection of juveniles from online gaming addiction. ‘Juveniles’ are defined by Section 7 of the Notice as citizens of the People’s Republic of China under the age of 18. The Notice has been effective since 1 November 2019.The legal burdens imposed can be summarised as follows: (i), an obligation to verify the identity of all users using their unique national identity number (only this obligation is uniquely imposed also in relation to adult users, as the verification process is necessary to determine whether the user is an adult or a juvenile for the purposes of the other obligations imposed); (ii), a shutdown law imposed as an obligation to stop providing online gaming services to juveniles between 22:00 and 8:00 the next morning; (iii), maximum gameplay time limits imposed as an obligation to stop providing online gaming services to juveniles after 3 hours on public holidays (including weekends) and 1.5 on other days; (iv), maximum in-game spending limits imposed as an obligation not to provide paid services beyond a certain monetary limit (or not at all) depending on the age range of the juvenile user in question.

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