The National Press and Publication Administration issued a notice on publicly soliciting opinions on the "Measures for the Administration of Online Games (Draft for Solicitation of Comments)", which mentions that online games must not set up inducing rewards such as daily login, first top-up, and continuous top-up. Online game publishing business units must not provide or condone high-priced transactions of virtual props through methods such as speculation or auctions. All online games must set user recharge limits and publicize them in their service rules, and pop-up warnings should be given to users' irrational consumption behaviors. The original text is as follows:
Notice of the State Press and Publication Administration on Publicly Soliciting Opinions on the "Measures for the Administration of Online Games (Draft for Solicitation of Comments)".
In order to strengthen the standardized management of the industry and promote high-quality and sustainable development, we have drafted the "Measures for the Administration of Online Games (Draft for Solicitation of Comments)", which is now open to the public for comments. The public can provide feedback through the following channels and methods:
1. Log in to the Ministry of Justice of the People's Republic of China and the Chinese Government Legal Information Network (website: www.moj.gov.cn, www.chinalaw.gov.cn), and enter the "Legislative Opinion Collection" column on the main menu of the homepage to submit comments.
2. Mailing address: Publishing Bureau, No. 40, Xuanwumenwai Street, Xicheng District, Beijing, postal code: 100052, and indicate on the envelope the words "Measures for the Administration of Online Games for Solicitation of Comments".
3. E-mail: [email protected].
The deadline for feedback is January 22, 2024.
National Press and Publication Administration
December 22, 2023
Measures for the Administration of Online Games
(Draft for Solicitation of Comments)
Chapter I: General Provisions
Article 1: [Legislative Purpose]These Measures are drafted on the basis of the "PRC Law on the Protection of Minors", "PRC Cybersecurity Law", "PRC Personal Information Protection Law", "Regulations on the Administration of Publications", "Measures for the Management of Internet Information Services", and relevant laws and regulations, so as to strengthen the management of online gaming, regulate the order of the online gaming industry, protect users' lawful rights and interests, safeguard minors' physical and psychological health, and promote the healthy and orderly development of the online gaming industry.
Article 2: [Scope of Application]These Measures apply to online game publishing business activities within the mainland territory of the People's Republic of China.
"Online games" as used in these Measures refers to game products and services that are composed of software programs and information data, and are provided to the public for download or online interactive use through information networks.
"Online game publishing business activities" as used in these Measures includes activities such as the research and development, publication, and operation of online games, as well as the issuance and trading of online game currency.
Article 3: [Basic Principles]Those engaged in online game publishing business activities shall abide by the Constitution and relevant laws and regulations, persist in the direction of advanced socialist culture, persist in putting social benefits first, persist in giving priority to the protection of minors, carry forward the Core Socialist Values, and better meet the people's needs for a better life.
Article 4: [Duties of Competent Departments and Relevant Departments]The competent departments for publication are responsible for the oversight and management of online game publishing business activities nationwide.
The departments in charge of publication at the county level or above are responsible for the oversight and management of online game publishing business activities within that administrative region. Other relevant departments of all levels of local people's government at the county level or above are to cooperate in efforts to do a good job of oversight, investigation, and handling of online games in accordance with their relevant duties and division of labor.
Article 5: [Industry Self-Regulatory Organizations]Social groups in the online gaming industry shall carry out self-discipline management in accordance with laws, administrative regulations, and charters, and under the guidance of the competent departments for publications.
Chapter II: The Establishment and Management of Online Game Publishing Business Units
Article 6: [Standards for Permitting and Accessing Online Game Publishing Units]Those engaging in online game publishing activities shall meet the following requirements, and obtain an "Online Publishing Services Permit" that includes the scope of online game publishing operations upon approval by the competent state departments for publication in accordance with law:
(1) Have a definite name and charter of the unit;
(2) Have a fixed workplace;
(3) There are designated platforms such as domain names, smart terminal applications, and so forth engaged in online game publishing operations;
(4) Have a content review system required to engage in online game publishing operations;
(5) Have the necessary technical equipment necessary to engage in online game publishing operations, and the relevant servers and storage equipment must be stored within the territory of the People's Republic of China;
(6) There is a legal representative and principal responsible person who meets the requirements of the state, the legal representative must be a Chinese citizen with full capacity for civil conduct who has resided in the territory for a long time, and at least one legal representative and principal responsible person shall have professional and technical qualifications for publishing at or above the intermediate level;
(7) In addition to the legally-designated representative and principal responsible person, there are 8 or more full-time editors and publishers with professional and technical qualifications for publishing and related professions recognized by the competent departments for publication of the State, of which there must be no less than 3 persons with intermediate or higher professional qualifications;
(8) Other requirements provided for by laws, administrative regulations, and the competent departments for state publications.
Article 7: [Approval Process for Online Game Publishing Units]Those engaging in online game publishing activities should submit an application to the local provincial-level competent department for publication, and after review and approval, report to the competent department for national publication for review and approval.
The competent departments for publication shall make a decision to approve or not approve the application within 60 days of accepting the application. If it is not approved, the reasons shall be explained.
Article 8: [Standards for Permitting and Accessing Online Gaming Business Units]Those engaged in online gaming business activities such as online game operations, online game currency issuance, and transaction services, shall meet the following requirements, and obtain an "Online Publishing Services Permit" that includes the scope of online gaming operations upon approval by the provincial-level competent department for publication in accordance with law:
(1) Have a definite name and charter of the unit;
(2) Have a fixed workplace;
(3) There are identified platforms such as domain names, smart terminal applications, and so forth engaged in online gaming operations;
(4) Have a definite scope of online gaming operations;
(5) There are necessary professionals, equipment, and management technical measures necessary to engage in online gaming business activities, and relevant servers and storage equipment must be stored within the territory of the People's Republic of China;
(6) Other conditions provided for by laws, administrative regulations, and the state departments in charge of publications.
Article 9: [Approval Process for Online Game Business Unit Permits]Activities such as online game operations and online game currency issuance and transaction services shall be reported to the local provincial-level competent department for publication for review and approval.
The provincial-level competent department for publication shall make a decision to approve or not approve within 60 days of accepting the application. If it is not approved, the reasons shall be explained.
Provincial-level departments in charge of publication shall periodically report on the circumstances of approval of permits to the state departments in charge of publication. The state departments in charge of publications shall strengthen guidance and oversight of the work of provincial-level departments in charge of publications, and periodically conduct inspections of the approval of permits.
Article 10: [Application Materials for Permits]Those engaged in activities such as the publication and operation of online games, as well as the issuance and trading of online game currency, shall provide the following application materials:
(1) "Application Form for Network Publishing Services Permit";
(2) The articles of association of the unit and the certificate of the nature of the source of capital;
(3) An online gaming services business feasibility analysis report;
(4) The resume, address, and identification documents of the legally-designated representative and principal responsible person;
(5) Proof of use of the workplace;
(6) Pledges that the website domain name registration certificate and relevant servers and storage devices are stored within the territory of the People's Republic of China;
(7) Other materials provided for by laws, administrative regulations, and the competent departments for publication at the state and provincial levels.
Those engaged in online game publishing activities, in addition to the materials listed above, must also provide a nationally recognized professional qualification certificate for professional and technical personnel such as the content review system, editing and publishing, and so forth.
Article 11: [Changes and Announcements]Where online game publishing business units that have obtained the "Network Publication Services Permit" online game publishing business or the scope of online game business operations change the license registration items, capital structure, or ultimate actual controller, merge or separate, or establish branch offices, they shall go through approval formalities in accordance with articles 7 and 9 of these Measures.
Online game publishing business units shall engage in online game publishing business activities in accordance with the approved scope of operations.
Online game publishing business units should display the "Online Publishing Services Permit" information in conspicuous positions such as on the enterprise's website, product client, and user service center.
Chapter III: Publishing and Operations of Online Games
Article 12: [Online Game Approval System]Before online game publishing operations, the unit that has obtained the "Online Publication Services Permit" for the scope of online game publishing operations must submit an application to the local provincial-level competent department for publication, and after review and approval, report to the competent department for national publication for review and approval.
After online game publishing and operation units obtain online game approval documents, they should follow the requirements of the approval documents and organize game publishing and operations within one year from the date of issuance of the approval documents.
Article 13: [Changes and Re-declarations]Where there are substantial changes to the content of online games that have already been approved for publication, or where the game name, game publishing unit, or main operating body is changed, the online game publishing unit shall perform the relevant approval formalities in accordance with provisions.
Article 14: [Prohibition of Buying, Selling, or Applying Version Numbers]Units or individuals must not lend, lease, buy, sell, or apply the "Network Publication Services Permit", online game approval number, or publication number in any form.
Article 15: [Content Management System]Online game publishing business units should implement a content self-review system, and follow the requirements of national standards and norms to strengthen self-examination and management of publishing operations, to ensure the legality of online game content and the quality of publication.
Article 16: [Prohibited Content]Online games must not contain the following content:
(1) Opposing the basic principles set forth in the Constitution;
(2) endangering national unity, sovereignty, or territorial integrity;
(3) divulging state secrets, endangering national security, or harming national honor and interests;
(4) Inciting ethnic hatred or ethnic discrimination, undermining ethnic unity, or infringing upon ethnic customs and Xi;
(5) Undermining state religious policies, advocating cults or superstitions;
(6) Spreading rumors, disrupting social order, or undermining social stability;
(7) Advocating obscenity, pornography, gambling, violence, or instigating crimes;
(8) Insulting or slandering others, infringing upon the lawful rights and interests of others;
(9) Endangering social morality or excellent Chinese cultural traditions;
(10) Inducing minors to imitate conduct that violates social mores or violates or violates the law;
(11) Terrorism, cruelty, or other threats to minors' physical and psychological health;
(12) Other content and gameplay prohibited by laws and administrative regulations.
Online game publishing business units operating and publishing games outside the territory of the country shall conscientiously abide by the prohibitive provisions on online game content, adhere to the position of Chinese culture, follow international rules and the laws of cultural transmission, and must not endanger national security or harm national honor and interests.
Article 17: [Prohibition of Compulsory Battles]Online game publishing operations units must not set up compulsory battles in online games.
Article 18: [Restrictions on Excessive Use of Games and High-Value Consumption] Online games must not set inducing rewards such as daily logins, first top-ups, and continuous top-ups.
Online game publishing business units must not provide or condone high-priced transactions of virtual props through methods such as speculation or auctions.
All online games must set user recharge limits and publicize them in their service rules, and pop-up warnings should be given to users' irrational consumption behaviors.
Article 19: [Labeling Specifications]When online games are published and operated, information labels should be made: the full text of the "Healthy Game Advice" should be published in a conspicuous position before the game begins;
Article 20: [Verification Obligations]Online game publishing business units must not authorize units that do not have online game operation credentials to operate online games.
When operating a game, online game operations units must verify whether the approval documents for the online game are true and valid, and whether the information labels are indicated, and must not operate online games that have not been approved or whose information labels are not indicated. When all types of mobile phones, computers, televisions, game consoles, and other smart terminal production and business units pre-install online games, they must verify whether the online game approval documents are true and valid, and whether the information labels indicate them, and must not pre-install online games that have not been approved or have not been marked with information labels.
Article 21: [Technical Testing Specifications]Before obtaining approval from the competent state departments for publication, online game operations units conducting technical testing of online games shall ensure that the content of the online game meets the relevant requirements of these Measures, and the number of test users must not exceed 20,000, and the test user data is to be deleted. Before the start of each test, online game operations units should report the name, scope, testing period, and user scale of the test game to the local provincial-level competent department for publication, and provide a letter of commitment to the legality of the technical test content, account, and content.
In any of the following circumstances, online game technical testing shall be viewed as an online game operation, and the approval number and publication number for publication must be obtained from the competent state departments for publication:
(1) Publicly providing client software that can be directly registered and logged on to the server;
(2) Collecting fees from online game users;
(3) Obtaining income through methods such as commercial cooperation or advertising sales;
(4) Carrying out other conduct that should be regarded as online gaming operations.
Article 22: [Real-Name Registration]When online game publishing business units sign agreements with users or provide services, they shall require users to provide real identity information. Where users do not provide real identity information, online game publishing operations units must not provide them with relevant services. Provisions on real-name registration and login of users should be strictly implemented to ensure that users' identity information is true and valid.
Article 23: [Specifications for the Distribution of Game Currency]Those engaged in online game currency issuance activities shall comply with the following provisions:
(1) The scope of use of online game currency is limited to the exchange of online game products and services provided by oneself, and must not be used to pay for, purchase physical goods, or exchange products and services of other units;
(2) The issuance of online game currency must not be for the purpose of maliciously occupying users' prepaid funds, and the standards for issuing and purchasing online game currency must be transparent and reasonable;
(3) Users must not be provided with services for exchanging online game currency for legal tender, except in cases where online game publishing business units terminate the provision of online game products and services, and return unused online game currency to users in the form of legal tender or other methods accepted by users;
(4) Keep the purchase records of online game users, and the retention period must not be less than 2 years from the date of the user's single receipt of the service.
Article 24: [Game Currency Trading Specifications]Those engaged in online game currency trading services shall comply with the following provisions:
(1) Must not provide transaction services for online games that have not been approved;
(2) Real-name e-RMB wallets shall be used to conduct online game currency transactions, and anonymous e-RMB wallet trading services shall not be provided to users;
(3) Technical measures should be employed to effectively supervise the transaction process, and transactions with illegal and suspicious conduct must be promptly reported to the relevant departments, so as to avoid facilitating illegal conduct such as online gambling and online fraud;
(4) After receiving the notice from interested parties, government departments and judicial organs, it shall assist in verifying the legality of the transaction, and if it is verified that it is an illegal transaction, it shall immediately take measures to terminate the transaction service and keep relevant records;
(5) Keeping transaction records and accounting records and other information between users shall not be less than 2 years from the date of a single transaction.
Article 25: [Specifications for Enterprises Issuing and Trading Game Currency]The same enterprise must not operate online game currency issuance and online game currency trading services at the same time.
Article 26: [Specifications for the Distribution and Trading of Online Game Virtual Items]Online game publishing and business units that distribute or change online game virtual items shall promptly display the relevant information on the online game's official homepage or in a conspicuous position within the game, and the standards for distribution and purchase should be transparent and reasonable.
Online game publishing business units must not exchange online game virtual props obtained by users for legal tender currency, and where users are provided with online game virtual props to exchange for small amounts of physical goods, the content and value of the physical items shall comply with the provisions of relevant state laws and regulations.
Where online game publishing business units provide platform-based services for the trading of online game virtual props between users, it is to be implemented in accordance with the provisions of article 24 of these Measures on online game currency transactions.
Virtual items issued by online game publishing business units, which are directly purchased by users with legal tender or purchased or exchanged with online game currency, and have the function of directly exchanging other virtual items or value-added services in the game, are to be managed in accordance with online game currency.
Article 27: [Random Selection]When providing random selection services, online game publishing operations units shall make reasonable settings for the number and probability of drawing, and must not induce online game users to spend excessively. At the same time, users should be provided with other ways to obtain virtual props and value-added services with the same performance, such as exchanging virtual props and purchasing online game currency directly.
Article 28: [Prohibition of Providing Payment Services for Illegal Games] No unit may provide payment services for illegal online games or illegal online game business activities.
Where payment services are provided in violation of the provisions of the preceding paragraph, the relevant departments are to handle it in accordance with law.
Article 29: [Publicity and Promotion Specifications]Units providing publicity and promotion services for online games shall inspect the relevant supporting documents of the service recipients, check the content of the advertisements, and must not publish online game advertisements with inconsistent content or incomplete supporting documents. Online game live streaming must not have high tips. The publicity and promotion of online games must not contain the content listed in article 16 of these Measures and other content prohibited by laws and regulations.
Article 30: [Handling and Reporting of Content Discovered in Violation of Laws and Regulations] Online game publishing business units should strengthen the management of information releases, and must strictly implement systems and measures such as information security reviews and blocking and filtering of illegal information for information content published by users in games, and where content that violates laws or regulations is discovered in online games, they shall immediately delete it, store relevant records, and report to the competent department for publication at the county level or above.
Online game publishing business units shall stop providing relevant services to users who publish information that violates laws and regulations in online games in accordance with laws and agreements, store relevant records, and report to the competent departments for publication at the county level or above.
Article 31: [Security Protection of Online Information and Personal Information]Online game publishing business units shall employ measures to ensure the security of online information in accordance with laws and administrative regulations, and protect state secrets, commercial secrets, and users' personal information in accordance with law.
Online game publishing business units handling users' personal information online shall follow the principles of legality, propriety, necessity, and good faith, disclose special handling rules, clearly indicate the purpose, methods, and scope of handling, and inform them of relevant matters provided for by laws and administrative regulations in accordance with law.
Article 32: [Anti-Monopoly and Anti-Unfair Competition] Online game publishing business units must not carry out monopolistic or unfair competition conduct, obstructing the order of fair market competition.
Where online game publishing business units violate relevant laws and regulations to carry out monopolistic conduct, the anti-monopoly law enforcement agencies are to handle it in accordance with law.
Article 33: [User Agreements and Online Game Rules]Online game publishing business units shall follow the principles of fairness and impartiality, and sign service agreements with users, clarifying rights and obligations in areas such as service rules, protection of users' rights and interests, and protection of personal information.
Article 34: [Dispute Handling]Online game publishing business units shall safeguard the lawful rights and interests of online game users, and publish the methods for handling disputes in a conspicuous position on the website providing services. If the dispute between the two parties cannot be resolved through negotiation, they may apply for arbitration or file a lawsuit in the people's court in accordance with the law.
Article 35: [Credit System]The competent departments for publication are to establish a credit system for online gaming, including online game publishing business units that violate laws and regulations in the warning list, implementing mechanisms for pre-approval and joint punishment for supervision during and after the event, and implementing credit restraints on online game publishing business units that violate laws and regulations and relevant responsible persons.
Article 36: [Termination of Operations]Where online game publishing business units terminate the publication or operation of online games, they shall make an announcement at least 60 days in advance, and complete cancellation formalities with the local provincial department for publication, and the provincial department for publication shall report to the state department for publication for filing. Online game currency that has not yet been used by online game users and game services that have not yet expired shall be returned to the user in legal tender or in other ways accepted by the user in accordance with the proportion at the time of purchase.
Where online games have been interrupted for more than 30 consecutive days due to suspension of service access, technical failures, or other reasons attributable to the online game operations unit, it is viewed as termination.
Chapter IV: Protection of Minors
Article 37: [Entities Implementing the Protection of Minors]The protection of minors users of online games is the joint responsibility of the minors' guardians, the departments in charge of publication, online game publication business units, and all sectors of society.
Article 38: [Relevant Responsibilities of Competent Departments]The competent departments for publication are to oversee online gaming service providers' implementation of relevant provisions on preventing minors' addiction to online games, and in conjunction with relevant departments, punish violations in accordance with law, carry out relevant publicity and education, and guide families, schools, and social organizations to employ effective measures to prevent and intervene in minors' addiction to online games.
Article 39: [Time Duration and Consumption Requirements]Online game publishing business units shall comply with the following provisions in accordance with relevant laws and regulations:
(1) Strictly control the time period and duration for minors' use of online games;
(2) Minors should be prohibited from logging in to games that are likely to lead to addiction and have content that is not suitable for minors to use;
(3) Strictly enforce restrictive requirements for the provision of paid services to minors, reasonably limiting the amount of spending by minors of different ages in the use of their services, and must not provide minors with paid services that are inconsistent with their capacity for civil conduct;
(4) Minors must not be provided with services such as account rental and sales, trading of game currency and virtual items, as well as third-party services such as sparring and playing on behalf of minors;
(5) Minors must not be provided with random selection services;
(6) Minors must not give tips in online game livestreams;
(7) The handling of minors' personal information shall comply with relevant laws and regulations;
(8) There must not be other online game operations that are detrimental to the health of minors.
Article 40: [Anti-Addiction System] Online game publishing business units shall establish and complete systems for preventing addiction, must not provide minors with products and services that induce them to become addicted, promptly revise content, functions, or rules that might cause minors to become addicted, provide user-oriented services for accepting reports on addiction, and annually announce the situation of anti-addiction efforts to the public, and accept societal oversight.
Article 41: [Verification of Minors' Identities]Online gaming publishing operations units shall verify the true identity information of minors users through necessary means such as a uniform electronic identity verification system for minors' online games.
Article 42: [Age-appropriate Tips]Online game publishing business units shall establish and improve rules for games to prevent minors from becoming addicted to the internet, and avoid minors' exposure to game content or game functions that might impact their physical and psychological health.
Online game publishing business units shall implement age-appropriate reminder requirements, and on the basis of the characteristics of minors' physical and mental development and cognitive abilities at different ages, through an assessment of elements such as the type, content, and function of game products, classify game products, clarify the age stages of minors for which game products are suitable, and give conspicuous reminders in locations such as on user downloads, registrations, and login screens.
Article 43: [Guardian Responsibility] Parents or other guardians shall lawfully perform guardianship duties for minors, guiding minors to use online games healthily and reasonably, carrying out activities beneficial to their physical and mental health, developing good living Xi, establishing correct concepts of online game consumption, preventing and stopping minors from becoming addicted to online games, and at the same time should increase their own online literacy, regulate their own use of online games, and strengthen guidance and oversight of minors' use of online games.
Article 44: [Responsibilities of All Sectors of Society]Based on the characteristics of minor students' physical and psychological development, schools should educate and guide students in the healthy and reasonable use of online games, strengthen communication and cooperation with minor students' parents or other guardians, and prevent minor students from becoming addicted to online games, and where it is discovered that minor students are addicted to online games, they shall promptly inform their parents or other guardians, and jointly educate and guide minor students.
Internet access service facilities provided to minors by schools, communities, libraries, cultural centers, youth palaces, and other venues shall install software for the protection of minors' networks or employ other technical measures for security protection. Internet access service establishments must not accept minors.
Online game publishing business units shall employ effective measures to improve functions such as time management and consumption management of online games, to facilitate guardians and schools' performance of relevant duties.
Relevant industry organizations shall draft industry self-discipline norms on the protection of minors online, guiding members to strengthen online protections for minors. Encourage and support social organizations, professional bodies, and enterprises and public institutions to participate in efforts to prevent minors from becoming addicted to online games.
Chapter V: Supervision and Management
Article 45: [Duties of Management Departments]The competent departments for publication are to perform the following duties, strengthening routine oversight and management of online game publishing business activities within that administrative region:
(1) Conduct industry regulation of online game publishing business units, and carry out access and exit management;
(2) Conduct oversight of online game publishing business activities, and investigate and handle violations of these Measures;
(3) Conduct oversight of the content and quality of online games, and carry out pre-approval of online game publications;
(4) Conduct training, evaluations, and other management of online game publishing business practitioners;
(5) Investigate and handle acts that disrupt the order of the online gaming market, such as lending, leasing, buying, selling, applying, or using the "Online Publication Services Permit", approval number, publication number, as well as private servers, plug-ins, infringement and piracy;
(6) Other duties related to the management of online games.
Article 46: [Division of Jurisdiction]All levels of competent department for publication investigating and handling illegal business activities are to exercise jurisdiction in accordance with the place where the unit carrying out the illegal business conduct is registered or the actual place where the unit actually operates; where the place of registration and the actual place of business cannot be determined, the place where the information service of the website engaged in illegal business activities is licensed or recorded; where there is no license or filing, the location of the website or online game server is to have jurisdiction; where the website or online game server is set up outside the mainland, the place where the illegal conduct occurred is to have jurisdiction.
Article 47: [Annual Reports]Online game publishing business units shall submit annual reports to the local provincial-level departments in charge of publication in accordance with provisions. The content of the written report includes the implementation of online game management policies, rewards and punishments for the current year, the performance of online game publishing and operation, the distribution and trading of online game currency, and internal management.
Article 48: [Revocation of Corresponding Permits]Where online game publishing business units no longer have the legally-prescribed requirements for administrative permits, the competent departments for publication are to order corrections to be made within a set period of time;
Where online game publishing business units violate the relevant provisions of these Measures by obtaining permits by improper means, the competent departments for publication are to revoke their corresponding permits.
Chapter VI: Safeguards and Rewards
Article 49: [Online Gaming Industry Safeguards and Rewards]The competent departments for publishing are to ensure and promote the development and prosperity of the online gaming industry.
Article 50: [Encourage High-quality Original Games] Encourage the research and development and promotion of online games that are guided by the Core Socialist Values, develop advanced socialist culture, carry forward revolutionary culture, inherit the excellent traditional Chinese culture, promote scientific and technological progress, have innovative value, are conducive to physical and mental health, and are entertaining and educational.
Article 51: [Encouraging International Cooperation]Online game publishing business units are encouraged to explore overseas markets, strengthen international cooperation in online games, promote international cultural exchanges, and increase the international influence of Chinese culture.
Article 52: [Giving Awards to Outstanding Units and Individuals]Units and individuals that have made important contributions to promoting the healthy development of the online gaming industry are to be given commendations and awards in accordance with relevant state provisions.
Chapter VII: Legal Responsibility
Article 53: [Punishment for Engaging in Game Services Without Approval]Engaging in activities such as the publication or operation of online games, or the issuance or trading of online game currency, without approval, or the online operation of unapproved online games, is to be banned by the competent departments for publication and relevant departments in accordance with their legally-prescribed authority on the basis of article 61 of the "Regulations on the Administration of Publications" and article 19 of the "Measures for the Administration of Internet Information Services", and as appropriate, the application for a set number is to be stopped for a set period of time. Where the criminal law has already been violated, criminal responsibility shall be pursued in accordance with law; where the criminal punishment is not sufficient, all relevant online games shall be deleted, and the main equipment and special tools for engaging in illegal business activities shall be confiscated, and a fine of between 5 and 10 times the illegal business turnover shall be imposed if the illegal business turnover is more than 10,000 yuan; a fine of not more than 50,000 yuan may be imposed if the illegal business turnover is less than 10,000 yuan; and civil liability shall be borne in accordance with law if the lawful rights and interests of others are infringed.
Article 54: [Punishment for Violations of Online Game Content]Where online games containing the content listed in article 16 of these Measures are published or operated, on the basis of article 62 of the "Regulations on the Administration of Publications" and the "Measures for the Administration of Internet Information Services" Article 20 stipulates that the competent departments for publication are to order the deletion of relevant content and make corrections within a set period of time, confiscate unlawful gains, and where the illegal business turnover is more than 10,000 yuan, a concurrent fine of between 5 and 10 times the illegal business turnover may be given; where the illegal business turnover is less than 10,000 yuan, a fine of up to 50,000 yuan may be given; where the circumstances are serious, order the application for edition number to be stopped within a set period of time, suspend business for rectification within a set period of time, or have the "Network Publishing Service Permit" revoked by the competent department for publication; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 55: [Punishment for Violations in Online Game Advertising and Promotion]Where article 29 of these Measures is violated, where laws or administrative regulations have provisions, follow those provisions;
Article 56: [Penalties for Lending, Leasing, and Other Permits] Where Article 14 of these Measures is violated, in accordance with the provisions of Article 66 of the "Regulations on the Administration of Publications", the competent department for publication is to order the illegal conduct to be stopped, give a warning, confiscate the illegal gains, and impose a fine of between 5 and 10 times the illegal business turnover if the illegal business turnover is more than 10,000 yuan; where the illegal business turnover is less than 10,000 yuan, a fine of up to 50,000 yuan may be given; where the circumstances are serious, order the application for edition number to be stopped within a set period of time, suspend business for rectification within a specified period of time, or have the competent department for publication revoke the Network Publishing Services License.
Article 57: [Penalties for Changing Permitted Content in Violation of Regulations, Suspending Without Authorization, and Other Punishments]Where any of the following conduct is exhibited, the competent departments for publication are to order corrections and give warnings on the basis of article 67 of the "Regulations on the Administration of Publications";
(1) Where online game publishing business units change the registration items or capital structure of the "Online Publishing Services Permit", engage in online publishing services beyond the approved scope of services, merge or separate, or establish branch offices, and do not go through approval formalities on the basis of these Measures;
(2) Online game publishing business units suspend online game publishing business activities for more than 180 days without authorization;
(3) The quality of online games does not meet relevant provisions and standards.
Article 58: [Punishment for Violations of the Protection of Minors] On the basis of the "Law of the People's Republic of China on the Protection of Minors" Article 127 stipulates that where online game publishing business units violate the relevant provisions on the protection of minors, the competent departments for publication are to order corrections, give warnings, and confiscate unlawful gains on the basis of their duties, and where unlawful gains are more than 1 million RMB, give a concurrent fine of between 1 and 10 times the amount of unlawful gains, and where there are no unlawful gains or the unlawful gains are less than 1 million RMB, give a concurrent fine of between 100,000 and 1,000,000 RMB, and give a fine of between 10,000 and 100,000 RMB to the directly responsible managers and other responsible personnel; , suspension of business for rectification, closure of websites, revocation of business licenses or revocation of relevant permits.
Article 59: [Violations in Real-Name Registration]On the basis of article 61 of the "Cybersecurity Law of the People's Republic of China", where online game publishing business units violate the provisions of article 22 of these Measures by failing to require users to provide real identity information, or by providing relevant services to users who do not provide true identity information, the competent departments for publication are to order corrections; Revoke relevant business permits or business licenses, and impose a fine of between 10,000 and 100,000 RMB on the directly responsible managers and other directly responsible personnel.
Article 60: [Penalties for Violations of Online Information and Personal Information Security Protections] In accordance with the "Personal Information Protection Law of the People's Republic of China" Article 66 stipulates that where online game publishing business units violate the provisions of article 31 of these Measures by failing to perform their obligations to protect personal information, the department performing personal information protection duties is to order corrections, give warnings, confiscate unlawful gains, and order the suspension or termination of the provision of services for online games that illegally handle personal information;
Where there is conduct provided for in the preceding paragraph, and the circumstances are serious, the department performing personal information protection duties at the provincial level or above is to order corrections, confiscate unlawful gains, and give a concurrent fine of between 50,000,000 RMB or 5% of the previous year's turnover, and may order a suspension of relevant operations or suspension of operations for rectification; Notify the relevant competent departments to revoke relevant business permits or business licenses, and impose fines of between 100,000 and 1,000,000 RMB on directly responsible managers and other directly responsible personnel, and may decide to prohibit them from serving as directors, supervisors, senior managers, or persons in charge of personal information protection of relevant enterprises for a set period of time.
Article 61: [Punishment for Other Violations]Where any of the following conduct is exhibited, the competent departments for publication are to order that the illegal conduct be stopped, make corrections within a set period of time, give warnings, confiscate unlawful gains, and give a concurrent fine of up to 100,000 RMB:
(A) in violation of Article 13 of these measures, failure to perform the relevant examination and approval formalities in accordance with the provisions;
(2) Violating article 15 of these Measures by failing to implement management systems such as the content self-review system in accordance with provisions;
(3) Violating article 17 of these Measures by setting up compulsory battles in online games;
(4) Violating article 18 of these Measures by guiding excessive use of online games and high-value spending;
(5) Violating article 19 of these Measures by failing to make a good information mark;
(6) Violating Article 20 of these Measures by failing to perform the corresponding verification obligations;
(7) Violating Articles 23, 24, 25, 26, or 27 of these Measures by failing to issue and trade online game currency and virtual props in accordance with provisions;
(8) Violating these Measures and other relevant provisions of the competent departments for publication on online game publishing business activities.
Chapter VIII: Supplementary Provisions
Article 62: [Definitions] [Online Game Publishing] "Online game publishing" as used in these Measures refers to the provision of online game products and services to the public through information networks.
[Online Game Operations] "Online game operations" as used in these Measures refers to the conduct of providing users with online game downloads or online interactive use through information networks after the publication of online games, and collecting fees from users or obtaining benefits through means such as advertising.
Online gaming operations units providing services such as user systems, charging systems, program downloads, and publicity and promotion for other operating enterprises' online gaming products, and participating in the sharing of online game operation revenues, are joint operations and shall bear corresponding responsibility.
[Technical Testing] "Online game technical testing" as used in these Measures refers to the conduct of opening online game content to the unspecified public, and conducting multi-faceted testing of game performance, defects, server load, and so forth.
[Online Game Currency] "Online Game Currency" as used in these Measures refers to a virtual exchange tool issued by an online game operation unit, purchased directly or indirectly by online game users using legal tender in a certain proportion, existing outside the game program, stored in the server by means of electromagnetic recording, and expressed in specific digital units.
[Online Game Virtual Items] "Online game virtual items" as used in these Measures refers to virtual items that are purchased by users with legal tender or online game currency, or obtained at a certain exchange ratio, or obtained through gameplay in the game, and exist within a specific game program.
[Distribution of Online Game Currency] The term "issuance of online game currency" as used in these Measures refers to the conduct of online game operation units providing online game currency to the public through sales or other means, and providing services for the use of online game currency within the online game.
【Online Game Currency Trading Services】The term "online game currency trading services" as used in these Measures refers to the act of providing platform-based services for users to trade online game currency.
[Private servers, plug-ins] "Private servers" and "plug-ins" as used in these Provisions refer to undermining the technical protection measures of online games that are lawfully published and operated and others enjoy copyrights, modifying data, setting up servers without permission, making game recharge cards, or operating or connecting to operate online games that are legally published and in which others enjoy copyrights, thereby seeking benefits or infringing on the interests of others.
Article 63: The management of domestic Mini Program online games that have no storyline, simple gameplay, and no top-up consumption is to be separately provided for by the competent departments for publication on the basis of the "Regulations on the Administration of Publications" and the principles of these Measures.
Article 64: These Measures take effect on XX/2024. Where previously issued provisions on online gaming services are inconsistent with these Measures, these Measures are controlling.