Online games are not allowed to set inductive rewards such as daily logins, initial recharges, or continuous recharges. Online game publishing and business entities shall not offer or condone high-priced virtual items in the form of hype, auctions, etc. All online games must set user recharge limits and publicize them in their service rules. Users should be warned in pop-up windows about their irrational spending behavior.
Financial News Agency reported on December 22 that the State Administration of Press and Publication issued the “Measures for the Administration of Online Games (Draft for Comments)”, which is now publicly soliciting comments from the public. Among them, it is mentioned that online games are not allowed to set inductive rewards such as daily logins, initial recharges, or continuous recharges. Online game publishing and business entities shall not offer or condone high-priced virtual items in the form of hype, auctions, etc. All online games must set user recharge limits and publicize them in their service rules. Users should be warned in pop-up windows about their irrational spending behavior.
Notice of the State Administration of Press and Publication on publicly soliciting comments on the “Measures for the Administration of Online Games (Draft for Comments)”
In order to strengthen industry standards and promote high-quality and sustainable development, we have drafted the “Online Game Management Measures (Draft for Comments)”, which are now publicly soliciting comments from the public. The public can provide feedback through the following channels and methods:
1. Log on to the Ministry of Justice of the People's Republic of China and the Chinese Government Legal Information Network (URL: www.moj.jav.cn, www.chinalaw.gov.cn) and enter the “Call for Legislative Comments” section in the main menu of the homepage to submit comments.
2. Mailing address: Publishing Office, No. 40, Xuanwumenwai Street, Xicheng District, Beijing, China, postal code: 100052, and indicate the words “Online Game Management Measures” for comments” on the envelope.
3. Email: zxbwlc@sina.com.
The deadline for feedback is January 22, 2024.
National Press and Publication Administration
2023/12/22
Attachments:
“Measures for the Management of Online Games”
(Draft for comments)
Chapter I General Provisions
Article 1 [Purpose of Legislation] In order to strengthen the management of online games, standardize the order of the online game industry, protect the legitimate rights and interests of users, protect the physical and mental health of minors, and promote the healthy and orderly development of the online game industry, these Measures are formulated in accordance with the “Law of the People's Republic of China on the Protection of Minors”, “Cybersecurity Law of the People's Republic of China”, “Publication Administration Regulations”, “Internet Information Service Management Measures” and related laws and regulations.
Article 2 [Scope of application] These Measures apply to online game publishing and business activities within the People's Republic of China.
Online games referred to in these Measures refer to game products and services composed of software programs and information data that are provided to the public for download or online interactive use through an information network.
Online game publishing and business activities referred to in these Measures include activities such as research and development, publication, and operation of online games, and online game currency distribution and trading services.
Article 3 [Basic Principles] Engaging in online game publishing and business activities, we shall abide by the Constitution and relevant laws and regulations, adhere to the direction of advanced socialist culture, insist on putting social benefits first, insist on putting the protection of minors first, promote the core socialist values, and better meet the needs of the masses for a better life.
Article 4 [Responsibilities of Competent Departments and Relevant Departments] The competent national publishing department shall be responsible for the supervision and administration of online game publishing business activities throughout the country.
The competent publishing departments at or above the county level are responsible for the supervision and management of online game publishing and business activities within their administrative regions. Other relevant departments of local people's governments at or above the county level shall cooperate in the supervision, investigation and punishment of online games in accordance with the relevant division of responsibilities.
Article 5 [Industry Self-Regulatory Organization] Social organizations in the online game industry shall implement self-regulatory management in accordance with laws, administrative regulations and regulations, and under the guidance of the competent publishing department.
Chapter II Establishment and Management of Online Game Publishing and Business Units
Article 6 [Licensing Criteria for Online Game Publishing Units] To engage in online game publishing activities, the following conditions shall be met, and an “Internet Publishing Service License” covering the scope of online game publishing business shall be obtained by obtaining the approval of the competent national publishing department in accordance with law:
(1) There is a definitive name of the unit and its articles of association;
(2) Have a fixed workplace;
(3) A defined domain name, smart terminal application, or other platform for engaging in online game publishing business;
(4) Have a content review system required to engage in online game publishing business;
(5) Have the necessary technical equipment required to engage in online game publishing business, and the relevant servers and storage devices must be stored in the People's Republic of China;
(6) There are legal representatives and main responsible persons who comply with national regulations. The legal representative must be a Chinese citizen with full civil capacity who has resided in the country for a long time, and the legal representative and at least one main person in charge shall have professional qualifications as a publishing professional and technical person of intermediate level or above;
(7) In addition to the legal representative and main person in charge, there are 8 or more full-time editors and publishers with publishing and related professional and technical qualifications approved by the competent state publishing authority, of which no less than 3 have professional qualifications of intermediate level or above;
(8) Other conditions stipulated by laws, administrative regulations and the competent state publishing authority.
Article 7 [License Approval Process for Online Game Publishing Units] To engage in online game publishing activities, an application shall be submitted to the competent provincial publishing department where it is located. After review and approval, it shall be submitted to the competent national publishing department for approval.
The competent national publishing authority shall decide whether to approve or disapprove the application within 60 days from the date of acceptance of the application. If approval is not granted, the reasons shall be explained.
Article 8 [Licensing Criteria for Online Game Business Units] To engage in online game business activities such as online game operation, online game currency distribution, and trading services, etc., the following conditions shall be met, and approved by the competent provincial publishing department in accordance with law, to obtain an “Internet Publishing Service License” covering the scope of online game business:
(1) There is a definitive name of the unit and its articles of association;
(2) Have a fixed workplace;
(3) A defined domain name, smart terminal application, or other platform for engaging in online game business;
(4) There is a definite scope of online game business;
(5) There are necessary professionals, equipment, and management technical measures required to engage in online game business activities, and the relevant servers and storage equipment must be stored in the People's Republic of China;
(6) Other conditions stipulated by laws, administrative regulations and the competent state publishing authority.
Article 9 [Online Game Business Unit License Approval Process] Engaging in activities such as online game operations and online game currency distribution and transaction services shall be reported to the local provincial publishing authority for approval.
The competent publishing department at the provincial level shall decide whether to approve or disapprove the application within 60 days from the date of acceptance of the application. If approval is not granted, the reasons shall be explained.
Provincial publishing authorities shall regularly report the license approval status to the national publishing authority. State publishing authorities should strengthen the work guidance and supervision of provincial publishing authorities, and conduct regular inspections of license approval.
Article 10 [License Application Materials] To engage in activities such as the publication and operation of online games and the distribution and trading services of online game coins, the following application materials shall be provided:
(1) “Internet Publishing Service License Application Form”;
(2) The articles of association of the unit and proof of the nature of the source of capital;
(3) Feasibility analysis report on the online game service business;
(4) Resume, address, and identity documents of the legal representative and main person in charge;
(5) Proof of workplace use;
(6) A certificate of registration of the website domain name and a commitment to store related servers and storage equipment within the People's Republic of China;
(7) Other materials stipulated by laws, administrative regulations, and national publishing authorities and provincial publishing authorities.
Those engaged in online game publishing activities, in addition to the materials listed above, are also required to provide professional qualification certificates approved by the state for professional and technical personnel related to content review systems, editing and publishing, etc.
Article 11 [Changes and Publicity] An online game publishing business unit that has obtained an “Internet Publishing Service License” and is within the scope of the online game publishing business or online game business, changes license registration matters, capital structure, and final actual controllers, merges or separates, and establishes branches shall go through approval procedures in accordance with the provisions of Articles 7 and 9 of these Measures.
Online game publishing and business units shall engage in online game publishing business activities in accordance with the approved scope of business.
Online game publishing business units should display the “Internet Publishing Service License” information in prominent places such as corporate websites, product clients, and user service centers.
Chapter III Publishing and Management of Online Games
Article 12 [Online Game Approval System] Before online game publishing and operation, units that have obtained the “Internet Publishing Service License” within the scope of online game publishing business must submit an application to the local provincial publishing authority. After review and approval, it shall be reported to the competent national publishing department for approval.
After obtaining the online game approval documents, the online game publishing and operating unit shall, in accordance with the requirements of the approval documents, organize game publishing and operation within one year from the date the approval documents are issued. If the publication and operation is not possible beyond the period, it shall promptly explain the reasons in writing to the relevant provincial publishing authorities.
Article 13 [Change and Redeclaration] Where the content of an online game that has been approved for publication has substantially changed, or where the name of the game, game publishing unit, or main operating agency has been changed, the online game publishing unit shall carry out the relevant approval procedures in accordance with regulations.
Article 14 [Prohibition of sale and application of version numbers] No unit or individual may sublease, rent, trade, or apply the “Internet Publishing Service License”, online game approval number, or publication number in any form.
Article 15 [Content Management System] Online game publishing and business entities shall implement a content self-review system, strengthen self-inspection and management of publishing operations in accordance with the requirements of national standards and regulations, and ensure the legality of online game content and publication quality.
Article 16 [Prohibited Content] Online games must not contain the following content:
(1) Opposing the basic principles determined by the Constitution;
(2) Endangering national unity, sovereignty and territorial integrity;
(3) Leaking state secrets, endangering national security, or harming national honor and interests;
(4) Inciting ethnic hatred or ethnic discrimination, undermining national unity, or infringing on national customs or customs;
(5) Undermining the country's religious policy and promoting cults or superstitions;
(6) Spreading rumors, disrupting social order, and undermining social stability;
(7) Promoting obscenity, pornography, gambling, violence, or abetting crime;
(8) Insulting or slandering others and infringing on the lawful rights and interests of others;
(9) Endangering social morality or outstanding Chinese cultural traditions;
(10) Inducing minors to imitate acts that violate social morality and criminal offenses;
(11) Horror, cruelty, etc. that hinder the physical and mental health of minors;
(12) Other content and gameplay prohibited by law or administrative regulations.
Online game publishing and distribution companies operating and distributing games overseas should consciously abide by the prohibitions on online game content, stick to the position of Chinese culture, follow international rules and the rules of cultural dissemination, and not endanger national security or harm national honor and interests.
Article 17 [Forced Battle Prohibited] Online game publishing and management units shall not set up compulsory matches in online games.
Article 18 [Restrictions on excessive use of games and high spending] Online games shall not set inductive rewards such as daily logins, initial recharges, or continuous recharges.
Online game publishing and business entities shall not offer or condone high-priced virtual items in the form of hype, auctions, etc.
All online games must set user recharge limits and publicize them in their service rules. Users should be warned in pop-up windows about their irrational spending behavior.
Article 19 [Logo Specification] When publishing and operating online games, information should be well marked: the full text of the “Health Game Advice” is published in a prominent place before the game starts; before the game starts and after the “Health Game Advice”, a special page is set up and placed prominently on the game's official website, indicating the game copyright owner, publishing unit, license number, main operating unit, approval number, publication number, etc.
Article 20 [Verification Obligations] Online game publishing and business units shall not authorize units that are not qualified to operate online games to operate online games.
When operating a game, an online game operator must verify whether the approval documents for the online game are true and valid, whether the information logo is marked, and must not operate an online game without approval or without an information logo. When manufacturers and operators of smart terminals such as mobile phones, computers, televisions, game consoles, etc. pre-install online games, they must verify whether the online game approval documents are true and valid, whether the information logo is marked, and must not pre-install online games that have not been approved or whose information logo is not marked.
Article 21 [Technical Testing Specification] Before obtaining approval for publication from the competent state publishing authority, an online game operator shall ensure that the online game content meets the relevant requirements of these Measures. The limit number of test users shall not exceed 20,000, and the test user data shall be deleted. The online game operator shall report the name, scope, test cycle, and user size of the test game to the local provincial publishing authority before each test begins, and provide the technical test content, account number, and legal agreement for the content.
If an online game technical test has any of the following conditions, it shall be considered an online game operation, and an approval number or publication number approved for publication by the competent national publishing authority shall be obtained:
(1) Publicly providing client software that can directly register and log in to the server;
(2) Charging online game users;
(3) Obtaining revenue through commercial cooperation, advertising, sales, etc.;
(4) Carrying out other acts that should be regarded as operating an online game.
Article 22 [Real Name Registration] Online game publishing and business entities shall require users to provide real identity information when signing agreements or providing services with users. If the user does not provide real identity information, the online game publishing business entity shall not provide related services to the user. User real-name registration and login requirements should be strictly implemented to ensure that the user's identity information is true and valid.
Article 23 [Game Coin Distribution Regulations] Engaging in online game currency distribution activities shall abide by the following regulations:
(1) The scope of use of online game coins is limited to exchanging online game products and services provided by oneself, and cannot be used to pay for, purchase physical goods, or exchange for products and services from other units;
(2) The distribution of online game coins shall not be for the purpose of maliciously taking users' prepaid funds, and the criteria for issuing and purchasing online game coins shall be transparent and reasonable;
(3) Users shall not be provided with the service of exchanging online game currency for fiat currency. The online game publishing business unit ceases to provide online game products and services, except in cases where the user's unused online game coins are returned in fiat currency or by other means accepted by the user;
(4) Preserve the purchase records of online game users. The storage period shall not be less than 2 years from the date the user has accepted the service once.
Article 24 [Game Currency Trading Regulations] Engaging in online game currency trading services shall comply with the following regulations:
(1) You must not provide trading services for unapproved online games;
(2) Real-name digital renminbi wallets shall be used for online game currency transactions, and users shall not be provided with anonymous digital renminbi wallet transaction services;
(3) Technical measures should be adopted to effectively supervise the transaction process, and transactions involving illegal and suspicious acts must be promptly reported to the relevant departments to avoid facilitating illegal acts such as online gambling and online fraud;
(4) After receiving notifications from interested parties, government departments, and judicial authorities, they shall assist in verifying the legality of the transaction. If it is verified that the transaction is illegal, measures shall be taken immediately to terminate the transaction service and keep relevant records;
(5) Keep information such as transaction records and account records between users for no less than 2 years from the date a single transaction occurred.
Article 25 [Rules for Game Coin Issuance and Trading Enterprises] The same enterprise shall not simultaneously operate online game currency distribution and online game currency trading services.
Article 26 [Regulations on Distribution and Trading of Virtual Items for Online Games] When an online game publishing business unit distributes or changes virtual props for an online game, it shall promptly publicize relevant information on the official website of the online game or in prominent places within the game, and the distribution and purchase standards shall be transparent and reasonable.
Online game publishing and business units shall not exchange online game virtual items obtained by users for fiat currency. Where virtual items for online games are provided to users in exchange for small amounts of physical goods, the physical content and value shall comply with the relevant national laws and regulations.
Where an online game publishing business unit provides platform-based services for users to trade online game virtual items, it shall be carried out in accordance with Article 24 of these Measures relating to online game currency transactions.
Virtual items distributed by online game publishing and management units that users directly purchase with fiat currency, purchase or exchange with online game currency, and have the function of directly exchanging for other virtual items or value-added services within the game, are managed according to online game currency.
Article 27 [Random Sampling] When providing random sampling services, online game publishing and business units shall make reasonable settings for the number and probability of sampling, and shall not induce excessive consumption by online game users. At the same time, users should be provided with other ways to obtain virtual items with the same performance and value-added services, such as exchanging virtual items and using online game coins to directly purchase them.
Article 28 [Prohibition of payment services for illegal games] No unit shall 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 shall deal with them in accordance with law.
Article 29 [Publicity and Promotion Regulations] Units that provide publicity and promotion services for online games shall check the relevant supporting documents of the service clients, check the content of the advertisements, and shall not post online game advertisements with inconsistent content or incomplete supporting documents. Online game broadcasts must not be highly rewarded. The promotion of online games shall not include content listed in Article 16 of these Measures or content prohibited by other laws and regulations.
Article 30 [Handling and reporting of illegal and illegal content discovered] Online game publishing and management units shall strengthen information release management, strictly implement system measures such as information security review, blocking and filtering of illegal information, etc. for information content posted by users in games. If illegal or illegal content is discovered in online games, it shall be immediately deleted, kept relevant records, and reported to the competent publishing department at or above the county level where it is located.
For users who post illegal and illegal information in online games, online game publishing and management units shall stop providing relevant services to them in accordance with the law and agreement, keep relevant records, and report to the competent publishing department at or above the county level where they are located.
Article 31 [Security and Protection of Network Information and Personal Information] Online game publishing and business units shall take measures to ensure network information security in accordance with laws and administrative regulations, and protect state secrets, trade secrets, and users' personal information in accordance with law.
When processing users' personal information through the Internet, online game publishing and management units shall follow the principles of legality, legitimacy, necessity and good faith, disclose specific processing rules, specify the purpose, method and scope of processing, and inform relevant matters stipulated by law and administrative regulations in accordance with law.
Article 32 [Anti-monopoly and Anti-unfair Competition] Online game publishing and business entities shall not engage in monopoly or unfair competition, which hampers the fair competitive order in the market.
Where an online game publishing business unit violates relevant laws and regulations and engages in monopoly conduct, the anti-monopoly law enforcement agency shall deal with it in accordance with the law.
Article 33 [User Agreement and Online Game Rules] Online game publishing and business entities shall follow the principles of fairness and impartiality, sign service agreements with users, and clarify their rights and obligations in terms of service rules, protection of users' rights and interests, and protection of personal information.
Article 34 [Dispute Handling] Online game publishing and business entities shall protect the legitimate rights and interests of online game users and publish dispute handling methods in prominent places on websites providing services. If a dispute between the two parties cannot be resolved through negotiations, they may apply for arbitration or file a lawsuit with the People's Court in accordance with law.
Article 35 [Credit System] The competent state publishing authority shall establish a credit system for online games, include online game publishing and business units that violate laws and regulations on the warning list, implement a joint penalty mechanism for pre-approval and supervision during and after the event, and impose credit restrictions on online game publishing units and those responsible for breaking the law.
Article 36 [Termination of Operation] Where an online game publishing business unit terminates the publication or operation of an online game, it shall announce it at least 60 days in advance, complete the cancellation procedure with the local provincial publishing authority, and report it to the competent national publishing department for the record. For online game coins and game services that have not yet been used by online game users and game services that have not yet expired, the online game operator shall refund the user in fiat currency or other methods accepted by the user in fiat currency or by other means accepted by the user.
An online game is considered terminated if the online game operator continuously interrupts service for more than 30 days due to reasons such as the cessation of service access, technical failure, etc.
Chapter IV: Protection of Minors
Article 37 [Implementing Entities for the Protection of Minors] Protecting underage users of online games is the shared responsibility of minors' guardians, publishing authorities, online game publishing and management units, and all sectors of society.
Article 38 [Relevant Responsibilities of Competent Authorities] Publishing authorities supervise online game service providers to implement relevant regulations to prevent minors from becoming addicted to online games, work with relevant departments to punish irregularities in accordance with law, carry out relevant publicity and education, and guide families, schools, and social organizations to take effective measures to prevent and interfere with minors' addiction to online games.
Article 39 [Time period and consumption requirements] Online game publishing and business entities shall abide by the following regulations in accordance with relevant laws and regulations:
(1) Strictly control the period and length of time that minors use online games;
(2) Minors shall be prohibited from logging in to games that easily lead to addiction and have content unsuitable for use by minors;
(3) Strictly implement restrictive requirements for the provision of paid services to minors, reasonably limit the amount of money spent by minors of different age groups in using their services, and not provide paid services to minors that are inconsistent with their civil capacity;
(4) Third-party services such as account rental and sales, game currency and virtual item trading services, and sparring and proxy games shall not be provided to minors;
(5) Minors shall not be provided with random sampling services;
(6) Live streaming of online games shall not show rewards from minors;
(7) Handling personal information of minors shall comply with relevant laws and regulations;
(8) There must be no other online game business conduct that is harmful to the health of minors.
Article 40 [Anti-addiction system] Online game publishing and management units shall establish and improve anti-addiction systems, shall not provide products and services to minors that induce them to become addicted, promptly modify content, functions, or rules that may cause minors to become addicted, provide anti-addiction reporting services for users, and announce anti-addiction work to the public every year and be subject to social supervision.
Article 41 [Verification of the identity of minors] Online game publishing and management units shall verify the real identity information of minor users through necessary means such as a unified electronic identity authentication system for online games for minors.
Article 42 [Age-appropriate Reminder] Online game publishing and management units shall establish and improve game rules to prevent minors from becoming addicted to the Internet, and avoid minors' exposure to game content or game functions that may affect their physical and mental health.
Online game publishing and management units shall implement age-appropriate reminder requirements, classify game products according to the physical and mental development characteristics and cognitive abilities of minors of different age groups, and classify game products by evaluating factors such as the type, content and function of game products, clarify the age group of underage users suitable for game products, and give prominent reminders to users in places such as download, registration, and login interfaces.
Article 43 [Guardians' Responsibilities] Parents or other guardians shall perform guardianship duties for minors in accordance with law, guide the healthy and rational use of online games, carry out activities beneficial to physical and mental health, develop good living habits, establish a correct concept of online game consumption, prevent and stop minors from becoming addicted to online games, and at the same time improve their own online literacy, regulate their own use of online games, and strengthen guidance and supervision of minors' use of online games.
Article 44 [Responsibility of all sectors of society] Schools shall, in accordance with the characteristics of the physical and mental development of underage students, educate and guide students to use online games in a healthy and rational manner, strengthen communication and cooperation with parents or other guardians of underage students, and prevent underage students from becoming addicted to online games. If underage students are found to be addicted to online games, they shall promptly inform their parents or other guardians to jointly educate and guide underage students.
Internet service facilities for minors provided by schools, communities, libraries, cultural centers, youth palaces, etc., shall install internet protection software for minors or adopt other technical safety protection measures. Internet Internet service establishments may not accept minors.
Online game publishing and management units should take practical measures to improve the time management and consumption management functions of online games to facilitate the performance of relevant duties by guardians and schools.
Relevant industry organizations should formulate industry self-regulatory standards on the online protection of minors and guide members to strengthen the online protection of minors. Encourage and support social organizations, professional institutions, enterprises and institutions to participate in efforts to prevent minors from becoming addicted to online games.
Chapter V: Supervision and Management
Article 45 [Responsibilities of administrative departments] The competent publishing department shall perform the following duties and strengthen the daily supervision and management of online game publishing and business activities within its administrative area:
(1) Conduct industry supervision of online game publishing and business units, and implement entry and exit management;
(2) Supervise online game publishing and business activities, and investigate and punish acts that violate these Measures;
(3) Supervise the content and quality of online games, and implement pre-approval for online game publishing;
(4) Conduct training, assessment, and other management of online game publishing and management personnel;
(5) Investigate and punish acts that disrupt the order of the online game market, such as sublending, leasing, trading, application, and illegal use of the “Internet Publishing Service License”, approval numbers, publication numbers, and private services, plug-ins, and infringement and piracy;
(6) Other responsibilities relating to the management of online games.
Article 46 [Division of Jurisdiction] Publishing authorities at all levels investigate and punish illegal business activities, and have jurisdiction according to the place of registration of the unit that carried out the illegal business act or the actual place of operation of the unit; if the place of registration of the unit and the actual place of operation of the unit cannot be determined, it shall be governed by the place where the information service of the website engaged in the illegal business activity is licensed or registered; if there is no license or filing, the location of the website or online game server; if the website or online game server is located overseas, it shall be governed by the place where the illegal act occurred.
Article 47 [Annual Report] An online game publishing business unit shall submit an annual report to the local provincial publishing authority in accordance with regulations. The content of the written report includes the implementation of laws relating to online game management policies and laws, rewards and punishments, the performance of online game publishing and operation, the distribution and trading of online game coins, and internal management of this year.
Article 48 [Relevant License Revocation] Where an online game publishing business unit no longer meets the legal conditions for an administrative license, the competent publishing department shall order the correction within a limited period of time; if the correction has not yet been made, the original certification authority shall revoke the administrative license.
If an online game publishing business unit violates the relevant provisions of these Measures and obtains permission by improper means, the competent publishing department shall revoke the corresponding license.
Chapter 6: Guarantees and Rewards
Article 49 [Guarantee and Reward for the Online Game Industry] Publishing authorities guarantee and promote the development and prosperity of the online game industry.
Article 50 [Encourage high-quality original games] Encourage the development and promotion of online games that are guided by the core values of socialism, develop advanced socialist culture, promote revolutionary culture, inherit outstanding traditional Chinese culture, promote outstanding traditional Chinese culture, promote scientific and technological progress, have innovative value, and are conducive to physical and mental health, education and entertainment.
Article 51 [Encouraging International Cooperation] Encourage online game publishing and management units to explore overseas markets, strengthen international cooperation in online games, promote international cultural exchanges, and enhance the international influence of Chinese culture.
Article 52 [Reward for Outstanding Units and Individuals] Units and individuals that have made important contributions to promoting the healthy development of the online game industry shall be commended and rewarded in accordance with relevant national regulations.
Chapter 7 Legal Liability
Article 53 [Punishment for engaging in game services without approval] Engaging in activities such as online game publishing, operation, or online game currency distribution, trading, etc. without approval, or launching unapproved online games, according to the provisions of Article 61 of the “Regulations on the Administration of Publication” and Article 19 of the “Administrative Measures on Internet Information Services”, the competent publishing department and relevant departments shall ban them in accordance with their legal authority, and punish them by suspending the version application for a limited period of time and closing the business for a limited period of time, depending on the circumstances; those that have already violated the criminal law, criminal liability shall be prosecuted according to law; if criminal punishment is not enough, all relevant online games will be deleted. Confiscating illegal proceeds and the main equipment and special tools for engaging in illegal business activities; those with an illegal operating amount of 10,000 yuan or more shall also be fined not less than 5 times and not more than 10 times the amount of illegal business; those with an illegal operating amount of less than 10,000 yuan may be fined not more than 50,000 yuan; those that infringe on the lawful rights and interests of others shall bear civil liability according to law.
Article 54 [Penalties for Online Game Content Violations] Whoever publishes or operates an online game containing the content listed in Article 16 of these Measures shall, according to the provisions of Article 62 of the “Regulations on the Administration of Publication” and Article 20 of the “Measures for the Administration of Internet Information Services”, the competent publishing department shall order the removal of the relevant content and make corrections within a limited period of time, confiscate the illegal proceeds, those with an illegal operating amount of 10,000 yuan or more, and be fined at least 5 times and not more than 10 times the illegal operating amount; if the circumstances are serious, the application for suspension of the edition for a limited period of time and a limited period of time may be imposed; if the circumstances are serious, the application for suspension of the edition for a limited period of time shall be ordered to be suspended for a limited period of time and for a limited period of time Refine or publish The competent authority revokes the “Internet Publishing Service License”; if it constitutes a crime, criminal liability is investigated according to law.
Article 55 [Penalties for Online Game Advertisement and Promotion Violations] Whoever violates Article 29 of these Measures, where the law or administrative regulations stipulate, shall comply with its provisions; where there are no provisions in the law or administrative regulations, the competent publishing department shall order them to stop providing relevant services.
Article 56 [Penalties for licensing, leasing, etc.] Whoever violates section 14 of these Measures, according to section 66 of the “Regulations on the Administration of Publication”, the competent publishing department shall order the cessation of the illegal act, give a warning, confiscate the illegal proceeds, the illegal operating amount of 10,000 yuan or more, and a fine of not more than 5 times the illegal operating amount and not more than 10 times the illegal operating amount; if the illegal operating amount is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed; if the circumstances are serious, the publication authority is ordered to stop the version application within a limited period, close the business for a limited period of time, or revoke the “Internet Publishing Service License” by the competent publishing department.
Article 57 [Punishment for changing the content of the license in violation of regulations, unauthorized suspension, etc.] For any of the following acts, according to the provisions of Article 67 of the “Regulations on the Administration of Publication”, the competent publication department shall order the correction and give a warning; if the circumstances are serious, it is ordered to stop the version application within a limited period of time, close the business for rectification within a limited period of time, or revoke the “Internet Publishing Service License”:
(1) Where an online game publishing business unit changes the registration matters or capital structure of the “Internet Publishing Service License”, engages in online publishing services beyond the scope of approved services, merges or separates, establishes branch offices, and fails to complete approval procedures in accordance with these Measures;
(2) Where an online game publishing business unit has suspended online game publishing and business activities for more than 180 days without permission;
(3) The quality of online games does not meet relevant regulations and standards.
Article 58 [Penalties for Violation of the Protection of Minors] According to Article 127 of the “Law of the People's Republic of China on the Protection of Minors”, if an online game publishing business unit violates the relevant regulations on the protection of minors, the competent publishing department shall order the correction in accordance with its duties, give a warning, confiscate the illegal proceeds, the illegal proceeds of 1 million yuan or more, and shall also be fined at least 1 million yuan and not more than 1 million yuan. A fine of not more than 100,000 yuan; if the correction is refused or the circumstances are serious, it may also be ordered to suspend the relevant business, close the website, revoke the business license, or revoke the relevant license.
Article 59 [Real name registration violation] According to section 61 of the “Cybersecurity Law of the People's Republic of China”, if an online game publishing business unit violates Article 22 of these Measures and does not require users to provide real identity information, or provides relevant services to users who do not provide real identity information, the competent publishing department shall order the correction; if the correction is refused or the circumstances are serious, a fine of not less than 50,000 yuan and may be ordered by the relevant competent department to suspend related business, close the website, revoke the relevant business license or revoke the business license, and the relevant competent department may order the suspension of related business, business closure, website closure, or revocation of the relevant business license or business license Supervisors and other persons directly responsible shall be fined not less than 10,000 yuan and not more than 100,000 yuan.
Article 60 [Penalties for Violation of Network Information and Personal Information Security Protection] According to Article 66 of the “Personal Information Protection Law of the People's Republic of China”, if an online game publishing business unit violates the obligation to protect personal information as stipulated in Article 31 of these Measures, the department that performs the responsibility to protect personal information shall order the correction, give a warning, confiscate the illegal proceeds, order the suspension or termination of the service for online games that illegally handle personal information; those who refuse to make corrections shall also be fined not less than 1 million yuan; supervisors directly responsible and other persons directly responsible shall be fined 10,000 yuan or more 100,000 yuan The following fines.
If there is an act stipulated in the preceding paragraph and the circumstances are serious, the department at or above the provincial level that performs personal information protection duties shall order the correction, seize the illegal proceeds, and impose a fine of not less than 50 million yuan or less than 5% of the previous year's turnover, and may also order the suspension of the relevant business or rectification, notify the relevant competent authorities to revoke the relevant business license or revoke the business license; the supervisors directly responsible and other persons directly responsible shall be fined at least 100,000 yuan and not more than 1 million yuan, and may decide to ban them from acting as directors, supervisors, senior managers and personal information of the relevant enterprise within a certain period of time. The person responsible for protection.
Article 61 [Other Penalties for Violations of Regulations] Whoever commits any of the following acts shall be ordered by the competent publishing department to stop the illegal act, make corrections within a limited period of time, issue a warning, confiscate the illegal proceeds, and impose a fine of not more than 100,000 yuan:
(1) Violating Article 13 of these Measures and failing to complete the relevant examination and approval procedures in accordance with the regulations;
(2) Violating Article 15 of these Measures and failing to implement management systems such as the content self-review system in accordance with regulations;
(3) Violating Article 17 of these Measures and setting up compulsory battles in online games;
(4) Violating Article 18 of these Measures and leading to excessive use of online games and high spending;
(5) Violating Article 19 of these Measures and failing to mark information;
(6) Violating Article 20 of these Measures and failing to fulfill the corresponding verification obligations;
(7) Violating Article 23, Article 24, Article 25, Article 26, and Article 27 of these Measures, and failure to distribute and trade online game currency and virtual items in accordance with regulations;
(8) Violating these Measures and other relevant regulations of the competent publishing department relating to online game publishing and business activities.
Chapter 8 Supplementary Provisions
Article 62 [Definition] [Online Game Publishing] Online game publishing referred to in these Measures refers to the act of providing online game products and services to the public through information networks.
[Online game operation] Online game operation as referred to in these Measures refers to the act of providing users with online game download or online interactive use through an information network after the online game is published, and receiving benefits from users through fees or advertisements.
An online game operator provides services such as user systems, billing systems, program downloads, and promotion for the online game products of other operators, and participates in the revenue sharing of online game operations. It is an act of joint operation and shall bear corresponding responsibilities.
[Technical testing] Online game technical testing referred to in this method refers to the act of opening online game content to a non-specific public and testing various aspects of game performance, defects, server load, etc.
[Online game currency] Online game currency referred to in this method refers to a virtual exchange tool issued by an online game operator, purchased directly or indirectly by online game users using fiat currency in a certain proportion, outside of game programs, stored in a server by means of electromagnetic records, and expressed in specific digital units.
[Online game virtual items] Online game virtual items referred to in these Measures refer to virtual items purchased by users with fiat currency or online game currency or obtained at a certain exchange rate, or obtained through in-game gaming methods, and existing within a specific game program.
[Distribution of online game coins] The distribution of online game coins referred to in these Measures refers to the act of an online game operator providing online game currency to the public through sales, etc., and providing services for using the online game currency within the online game.
[Online game currency trading service] The online game currency trading service referred to in these Measures refers to the act of providing platform-based services for online game currency trading between users.
[Private service, plug-ins] The “private service” and “plug-in” referred to in these regulations refer to the technical protection measures of online games that are legally published and operated and where others enjoy copyright, modify data, set up servers without permission, create game recharge cards, operate or link to the operation of online games that are legally published and where others enjoy copyright, thus seeking benefits and infringing on the interests of others.
Article 63 The administration of domestic mini-program online games with no storyline, simple gameplay, and no recharge consumption shall be separately stipulated by the competent state publishing department in accordance with the “Regulations on the Administration of Publication” and the principles of these Measures.
Article 64: These Measures shall come into effect on January XX, 2024. If the regulations on online game services issued earlier are inconsistent with these Measures, these Measures shall prevail.
Editor/Somer