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

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.’

2021 ◽  
Author(s):  
Leon Y. Xiao

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.


2020 ◽  
Author(s):  
Leon Y. Xiao ◽  
Laura L. Henderson ◽  
Yuhan Yang ◽  
Philip Warren Stirling Newall

Paid loot boxes provide randomised rewards in video games; their use is linked to disordered gambling and they are present in approximately half of UK video games. The relative novelty of loot boxes means that regulators and policymakers in various jurisdictions are still deciding how to regulate them. The People’s Republic of China (PRC) is the first and only jurisdiction to legally require video game companies to disclose the probabilities of obtaining randomised loot box rewards—an approach that is also favoured by the video games industry as self-regulation. This study is the first to assess loot box prevalence in the PRC and video game companies’ discretionary interpretations of the probability disclosure regulation. Loot boxes were found in 91 of the 100 most-popular PRC iPhone games, and 90.5% of games deemed suitable for children aged 12+ contained loot boxes. For games containing loot boxes, disclosure statements could not be found for 4.4% of games. Loot box probability disclosures were implemented through various means, but only five games used the most prominent disclosure format. Legal regulation and/or self-regulation of loot box probability disclosures should require uniform and prominent disclosures to best help inform consumers.


2019 ◽  
Author(s):  
Leon Y. Xiao

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.


2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Mohammad Aizat Jamaludin

The year 2020 was taken over by a global pandemic with a  newly identified coronavirus 2019-nCoV (now known as COVID-19 virus) sweeping across continents since its emergence in December 2019 (Letchumanan et al., 2019). The first COVID-19 case was reported in Wuhan, one of the districts in the People’s Republic of China. It most probably had originated from a market selling and serving exotic and endangered animal species such as bats, snakes, rats, etc. The genome sequence of this novel coronavirus has been deposited in the GenBank as reported by Letchumanan et al. (2019).


2020 ◽  
Vol 32 (1) ◽  
pp. 1-3
Author(s):  
Surekha Kishore ◽  
Sheen Job

There is a public health alert in the country since the news of the Coronavirus outbreak. Though not very alarming, as only 28 cases have been confirmed so far, who are largely foreign tourists from outside India. The entire government health administration at various levels are constantly monitoring the situation. The precarious situation is being closely monitored by the Ministry of Health and Family Welfare. The Joint Monitoring Group (JMG) convened under the Chairmanship of Director General of Health Services (DGHS) with representations from various stakeholders (health and non-health sectors) and WHO (1) are instrumental in bringing about the responsiveness in the health systems. Seventy years on, since the founding of the People’s Republic of China (2), the country has made tremendous strides in Health care, up until now, the novel Coronavirus 2019 has wrecked the health fabric of the part of People’s Republic of China with its ravaging onslaught. However, the incident and contingency measures undertaken on a warfooting after the identification of the Viral pneumonia (as a novel strain among the group of Coronaviruses) gives a promise for the Nation, struggling to contain the epidemic. China, has the largest population in the World, and so also is their vast representation in the entire globe. It is heartening to see however, that the disease outbreak is slowly edging towards pandemic proportions. The burden of relentless and painstaking care round the clock by the frontline health workers is commendable and is indeed a lesson to imbibe for the whole world. The fear and apprehension for the disease has lead to relocation and migration of large sections of the population of Wuhan city, China. The powerful leadership of China and its policies on Health are indeed robust, the advantage of pooling resources and the technological support coupled with the experience of containing the SARS (severe acute respiratory syndrome) epidemic in 2003 in Guangdong China. (3) In the words of the Director-General WHO quote “There is an emergency in China, but it has not yet become a global health emergency. World Health Organisation is following this outbreak every minute of every day”, said Dr Tedros Ghebreyesus, Director-General of WHO (unquote). There are enormous gaps in the understanding of the dynamics of the disease. Very little is known about the origin of the new strain of the virus, if the media reports are to be believed, it is a controversial story. There was a false hope, in later part of the previous century, that the infectious epidemics have been curbed. In time, we witnessed a spate of emerging infectious illnesses of viral origin spilling over from wildlife reservoirs. Striking examples either directly or via domestic animals, were AIDS from chimpanzees, influenza from wild birds, Ebola, SARS and MERS from bats, and Dengue, Chikungunya and Zika from mosquitoes. This paved the way for the unprecedented spread of infections in humans and animals with dramatic consequences for public and animal health, animal welfare, food supply, economies, and biodiversity. (4) Emergence of epidemics such as novel Coronavirus, in a setting shrouded in mystery, the Chinese govt tight lipped about the outbreak also casts doubts on the subject of Biowarfare agents used in terror strikes or in military strategies


2021 ◽  
Author(s):  
Leon Y. Xiao

Loot boxes are virtual items in video games that players purchase to obtain randomised rewards of varying value. Such randomised monetisation methods are prevalently implemented globally. Loot boxes are conceptually and structurally akin to gambling, and their purchase is positively correlated with problem gambling in Western countries. Given the potential harms loot boxes may cause, particularly to vulnerable consumers, e.g., children, regulators and policymakers are paying increasing attention. Some countries, e.g., Belgium, have actively enforced existing gambling laws to ban certain loot box implementations. However, less restrictive regulatory approaches, e.g., requiring probability disclosures, are also being considered. Amendments to existing law and new laws dedicated to regulating loot boxes are likely forthcoming in many countries. Companies’ discretionary and suboptimal compliance with loot box probability disclosure law in the People’s Republic of China reveals how future loot box laws and industry self-regulations should be better drafted to ensure maximum consumer protection.


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