China Issues Requirements for Managing Minor’s Online Game Service Consumption
Published 7 June 2024
Sarah Xuan
On 28 May 2024, the China Internet Association released the “Draft Requirements for Managing Minor’s Online Game Service Consumption” (“Requirements”), marking the first industry-specific guidelines for managing and refunding minor’s consumption in online games. The Requirements is currently open for public comment until 27 June. These Requirements are intended to guide online game service providers and mediation organizations in managing and resolving issues related to minors’ consumption of online game services. They also serve as a reference for relevant administrative and judicial bodies. Additionally, the Requirements fill a gap in the industry, emphasizing the clarification of responsibilities among various parties involved in the refund process to safeguard minors’ legitimate rights in the online space, consolidate anti-addiction efforts, and promote the healthy development of the gaming industry.
The article focuses on the main content of the Requirements:
1. Setting Limits on Consumption Amounts
According to Article 5.3 of the Requirements, minors aged 8 to 16 are limited to a maximum of RMB 50 per single recharge and RMB 200 per month. For minors aged 16 to 18, the limits are RMB 100 per single recharge and RMB 400 per month.
2. Establishing Dedicated Service Channels
Article 5.5 of the Requirements stipulates that online game service providers must establish dedicated service channels for minors, such as particular complaint and refund application lines.
3. Clarifying the Path for Guardians to Apply for Refunds
Article 5.5.1 specifies the refund procedures for online game service providers:
1) Online game service providers must first verify the guardian’s identity through account verification, name and ID number comparison, or facial recognition;2) The Online game service providers need to verify the authenticity and validity of the guardianship relationship;3) After verification, online game service providers should promptly delete or store the personal information obtained during the process and ensure that game service providers do not use this information without consent.
4. Defining Fault and Responsibility Proportions
According to Article 5.5.2 of the Requirements, when a minor applies for a refund, the online game service providers, the guardian, and other at-fault parties shall bear the corresponding responsibilities according to their respective faults. The details are as follows:
1) If the game service provider has not integrated with the national unified electronic identity authentication system for minors, allowing unrestricted use and recharging, the provider bears 100% responsibility;2) If the provider fails to enforce recharge limits, allowing excess recharges with verified minor accounts, the provider bears 100% responsibility;3) Suppose the provider has implemented anti-addiction measures, but the guardian helps the minor circumvent these measures. In that case, the provider bears 30%-70% of the responsibility for excessive recharges, depending on the effectiveness of the anti-addiction measures, with the guardian bearing the remaining responsibility. Examples include guardians providing personal or other adults’ identity information for verification or assisting minors in bypassing facial recognition;4) Suppose the provider has implemented anti-addiction measures, but the guardian needs to fulfill their responsibilities adequately. In that case, the provider bears 30%-70% of the responsibility, depending on the effectiveness of the anti-addiction measures, with the guardian bearing the remaining responsibility.
5. Listing Circumstances of Bypassing Anti-Addiction Measures and Guardians’ Faults
Article 5.5.2 enumerates scenarios of bypassing anti-addiction measures and faults in guardianship:
1) Bypassing Anti-Addiction Measures include:a) Guardians providing personal or other adults’ identity information for verification.b) Guardians providing verified personal or other adults’ accounts.c) Assisting minors in passing facial recognition.
2) Guardians’ Faults:a) Minors using close relatives’ or other adults’ identity information for verification, with guardians aware but not intervening, resulting in excessive recharges.b) Minors renting or purchasing game accounts via online platforms, with guardians aware but not intervening, resulting in excessive recharges.c) Minors sharing game accounts with other adults, with guardians aware but not intervening, resulting in excessive recharges.d) Guardians failing to properly manage their bank cards, payment accounts, or payment secrets.
Conclusion
The Requirements demand that online game service providers refine consumption management mechanisms, including process management, amount management, prompt management, and complaint and refund management, and also emphasize the guardians’ responsibility. It prompts the industry, families, and society to work together to safeguard minors’ lawful rights and interests in cyberspace while fueling the gaming industry’s healthy and orderly development.