Latest draft of China’s Next Online Games Regulation
I google translated the latest Online game regulation policy draft announced by the Chinese game regulatory body, GAPP. I only made little changes in some places where the Google translation failed epically, so still, far from perfect.
Management Measures for Online Games
(Draft for Comments)
Chapter 1 General Provisions 1
Chapter 2 Establishment and Management of Online Game Publishing and Operating Units. 4
Chapter 3 Publishing and Management of Online Games 12
Chapter 4 Protection of Minors 31
Chapter 5 Supervision and Management 37
Chapter 6 Supports and Rewards 40
Chapter 8 Supplementary Provisions 52
Chapter 1 General Provisions
Article 1 [Legislative Purpose] In order to strengthen the management of online games, regulate the order of the online game industry, protect the legitimate rights and interests of users, safeguard the physical and mental health of minors, and promote the healthy and orderly development of the online game industry, This method is formulated in accordance with the requirements of the Law of the People’s Republic of China on the Protection of Minors, the Cybersecurity Law of the People’s Republic of China, the Personal Information Protection Law of the People’s Republic of China, the Regulations on Publishing Administration, the Measures for the Administration of Internet Information Services, and relevant laws and regulations.
Article 2【Scope of Application】 These Measures shall apply to online game publishing and business activities conducted within the territory of the People’s Republic of China.
The online games referred to in these Measures refer to game products and services composed of software programs and information data, which are provided to the public for download or online interaction through the Internet.
The online game publishing and operation activities referred to in these Measures include the research and development, publication, operation, distribution and trading services of online games.
Article 3【Basic Principles】 When engaging in online game publishing and business activities, one shall abide by the Constitution and relevant laws and regulations, adhere to the direction of advancing socialist advanced culture, prioritize social benefits, prioritize the protection of minors, promote socialist core values, and better meet the needs of the people for a better life.
Article 4【Responsibilities of the competent department and relevant departments】 The national publishing authority is responsible for the supervision and management of the national online game publishing business activities.
The publishing authorities at or above the county level are responsible for the supervision and management of online game publishing and business activities within their respective administrative regions. Other relevant departments of the people’s governments at or above the county level shall cooperate in the supervision and investigation of online games in accordance with their respective responsibilities.
Article 5【Industry Self-Discipline Organizations】 Social organizations in the online gaming industry shall implement self-discipline management in accordance with laws, administrative regulations, and articles of association, under the guidance of the publishing authority.
Chapter 2 Establishment and Management of Online Game Publishing and Operating Units
Article 6 【Market Access Standards for Online Game Publishing】 Those engaged in online game publishing activities shall meet the following conditions and obtain a “Network Publishing Service License” （《网络出版服务许可证》） that includes the scope of online game publishing business with the approval of the national publishing authority in accordance with the law:
（1） Having a definite organization name and articles of association;
（2） Having a fixed workplace;
（3） There are established platforms such as domain names and client side applications engaged in online game publishing business;
（4） Having a content review pipeline as required for engaging in online game publishing business;
（5） Necessary technical equipment for engaging in online game publishing business, and computer servers and storage devices must be stored, hosted within the territory of the People’s Republic of China;
（6） There must be a legal representative and main person in charge who comply with national regulations. The legal representative must be a Chinese citizen with full civil capacity who is permanently residing in China. At least one legal representative and main person in charge should hold intermediate or higher professional certification of the Publishing and Technical Profession Qualification;
（7） Except for the legal representative and main person in charge, there shall be at least 8 full-time editors and publishers with publishing and related professional and technical certifications recognized by the national publishing authority. Among them, there shall be no less than 3 personnel with intermediate or higher professional certifications;
（8） Other conditions stipulated by laws, administrative regulations, and national publishing authorities.
Article 7【Approval Process for License of Online Game Publishing Entity】 When engaging in online game publishing activities, an application shall be submitted to the provincial publishing authority where it is located. After being reviewed and approved, it shall be submitted to the national publishing authority for approval.
The national publishing authority shall make a decision on whether to approve or not within 60 days from the date of accepting the application. If not approved, reasons should be provided.
Article 8【Market Access Criteria for Online Game Business Activities】 Those engaged in online game business activities such as online game operation, online game coin issuance, and trading services shall meet the following conditions and obtain a “Network Publishing Service License” (《网络出版服务许可证》) containing the scope of online game business in accordance with the law and with the approval of the provincial publishing authority:
（1） Having a definite entity name and articles of association;
（2） Having a fixed workplace;
（3） A domain name, client side application, program, and other platforms that are specifically engaged in online gaming business;
（4） Having a defined scope of online game business operations;
（5） Having necessary professional personnel, equipment, and management technical measures required for engaging in online game business activities. Relevant servers and storage devices must be stored, hosted within the territory of the People’s Republic of China;
（6） Other conditions stipulated by laws, administrative regulations, and national publishing authorities.
Article 9【Approval Process for License of Online Game Business】 Entities Engaging in online game operations, as well as online game coin issuance and trading services, shall be subject to approval by the provincial-level publishing authority where they are located.
The provincial publishing authority shall make a decision to approve or disapprove the application within 60 days from the date of acceptance. If not approved, reasons should be provided.
The provincial publishing authority shall regularly report the approval status of the license to the national publishing authority. The national publishing authority should strengthen its guidance and supervision of the work of provincial-level publishing authorities, and regularly inspect the approval status of licenses.
Article 10【Application Documents for License】 Those engaged in online game publishing, operation, distribution and trading services of online-game currencies shall provide the following application materials:
（1） Application Form for Network Publishing Service License;( 《网络出版服务许可证申请表》)
（2） The company’s articles of association and proof of the nature of the capital source;
（3） Feasibility analysis report regarding the online game service business to be provided;
（4） Resume, address, and identification documents of the legal representative and main person in charge;
（5） Proof of fixed workplace;
（6） The registration certificate of website domain name, certifications of host of related servers and storage devices within the territory of the People’s Republic of China;
（7） Other materials specified by laws, administrative regulations, national publishing authorities, and provincial-level publishing authorities.
For those engaged in online game publishing activities, in addition to the materials listed above, they also need to provide nationally recognized professional and technical Job Qualification Certificate (执业资格证明) for content review systems, editing and publishing, and other related professional and technical personnel.
Article 11【Change and Publicity】 An online game publishing business entities that has previously obtained the “Online Publishing Service License” (《网络出版服务许可证》) for including online game publishing business or online game operating business into their business scope, when it changes the license registration items, capital structure, ultimate actual controller, merges or splits, and to establish a branch, the examination and approval procedures shall be carried out in accordance with the provisions of Articles 7 and 9.
Online game publishing and operation units shall engage in online game publishing and operation activities in accordance with the approved business scope.
Online game publishing and operation units should prominently display the “Network Publishing Service License” (《网络出版服务许可证》) information on enterprise websites, product clients, user service centers, and other prominent locations.
Chapter 3 Publishing and Management of Online Games
Article 12【Online Game Approval System】Before the publication and operation of online games, the unit that has obtained the “Online Publishing Service License” (《网络出版服务许可证》) for the scope of online game publishing business must submit an application to the provincial publishing authority where it is located. After review and approval, it shall be submitted to the national publishing authority for approval.
After obtaining the approval documents for online games, the publishing and operation entity of online games shall actively engaging in game publishing and operation within one year from the date of issuance of the approval documents in accordance with the requirements of the approval documents. If the publishing and operation cannot be carried out after the deadline, they shall promptly explain the reasons in writing to the provincial publishing authority in their jurisdiction.
Article 13【Change and Re-application】 If there is a substantial change in the approved content of online games, or if the game name, game publishing unit, or main operating institution is changed, the online game publishing unit shall go through relevant approval procedures in accordance with regulations.
Article 14【Prohibition of buying, selling, and false-using the license】 No entity or individual shall lend, rent, sell, or misuse the Network Publishing Service License, online game approval number, or publication number in any form.
Article 15【Content Management System】 Online game publishing and operation units shall implement a content self review system, strengthen self inspection and management of publishing and operation behaviors in accordance with national standards and regulatory requirements, and ensure the legality and quality of online game content.
Article 16【Prohibited Content】 Online games shall not contain the following content:
（1） Opposing the basic principles established by the constitution;
（2） Harming national unity, sovereignty, and territorial integrity;
（3） Leaking state secrets, endangering national security, or damaging national honor and interests;
（4） Inciting ethnic hatred and discrimination, undermining ethnic unity, or infringing on ethnic customs and habits;
（5） Disrupting national religious policies and promoting cults and superstitions;
（6） Spreading rumors, disrupting social order, and undermining social stability;
（7） Promoting obscenity, pornography, gambling, violence, or instigating crimes;
（8） Insulting or slandering others, infringing on the legitimate rights and interests of others;
（9） Harming social morality or the excellent cultural traditions of China;
（10） Inducing minors to imitate behaviors that violate social morality and illegal activities;
（11） Horror, cruelty, and other contents that harm the physical and mental health of minors;
（12） Other content and gameplay prohibited by laws and administrative regulations.
Online game publishing and operation units operating and distributing games overseas should consciously abide by the prohibitive regulations on online game content, adhere to the position of Chinese culture, follow international rules and cultural dissemination laws, and not harm national security, national honor and interests.
Article 17【Prohibition of Compulsory Battle】 Online game publishing and operation entities shall not set up compulsory battles in online games.
Article 18【Restrictions on excessive use and high consumption of games】 Online games shall not set up inducement rewards such as daily login, first recharge, and continuous recharge.
Online game publishing and operation units shall not provide or condone high priced transactions of virtual props in the form of speculation, auction, etc.
All online games must set a user top-up limit and make it is clearly shown in their service rules. Pop-up warnings and reminders should be given to users if irrational consumption behaviors are identified.
Article 19【Signage Standards】 When publishing and operating online games, information labeling should be done well: the full text of “Health Game Warning”(《健康游戏忠告》) should be published in a prominent position before the start of the game; Before and after the start of the game, set up a dedicated page and prominently display on the game’s official website, indicating the game copyright owner, publishing unit and its license number, main operating unit, approval number, publication number, and other information.
Article 20【Verification Obligation】 Online game publishing and operation units shall not authorize units without online game operation qualifications to operate online games.
When operating games, online game operators must verify whether the approval documents for the online game are true and valid, and whether the information label indicates it. They are not allowed to operate online games that have not been approved or have not been marked on the information label. When various terminal device production and operation entities such as mobile phones, computers, televisions, game consoles, etc. preinstall online games, they must verify whether the approval documents for the online game are true and valid, whether the information label indicates it, and shall not pre install online games that have not been approved or have not been marked on the information label.
Article 21【Technical Testing Specifications】 Before obtaining approval for publication from the national publishing authority, online game operating entities that conducting technical testing of online games shall ensure that the content of the online game meets the relevant requirements of this regulation, and the number of test users shall not exceed 20,000, test user data should be deleted afterwards. Online game operating units should report the name, scope, test cycle, and user scale of the game to the local provincial publishing authority before the start of each test, and provide technical test content, account numbers, and legal content commitments(承诺书).
If the online game technology test meets any of the following circumstances, it should be regarded as an actual online game operation and must obtain the approval number and publication number approved by the national publishing department:
(1) Publicly provide client software that can directly register and log in to the server;
(2) Charging online game users;
(3) Obtaining income through business cooperation, advertising sales, etc.;
(4) Carry out other activities that should be regarded as online game operations.
Article 22【Real-name Registration】 When signing an agreement with a user or providing services, an online game publishing business unit shall require the user to provide real identity information. If the user does not provide valid identity information, the online game publishing business unit shall not provide services to the user. User real-name registration and login regulations should be implemented to ensure that users’ identity information is true and valid.
Article 23【Standards for issuance of game currency】 When engaging in online game currency distribution activities, the following regulations shall be observed:
(1) The scope of the use of online game currency is limited to the exchange of online game products and services provided by itself, and may not be used to pay, purchase physical goods, or exchange for products and services of other entities;
(2) The issuance of online game coins must not be for the purpose of maliciously occupying users’ prepaid funds, and the standards for issuing and purchasing online game coins must be transparent and reasonable;
(3) It is not allowed to provide users with the service of exchanging online game currency for Fiat Money, except when the online game publishing business unit terminates the operation of online game products and services and then returns unused online game currency to the user in the form of legal currency or other methods accepted by the user. ;
(4) Save the purchase records of online game users. The retention period shall be no less than 2 years from the date when the user receives the service for a single time.
Article 24【Game Currency Transaction specifications】 When engaging in online game currency transaction services, the following provisions shall be observed:
(1) No transaction services may be provided for unapproved online games;
(2) Real-name based Digital RMB wallets should be used for online game currency transactions, and anonymous digital RMB wallet transaction services must not be provided to users;
(3) Technical measures should be taken to effectively supervise the transaction process, and transactions with illegal and suspicious behaviors must be reported to relevant departments in a timely manner to avoid circumstances that facilitate illegal activities such as online gambling and online fraud;
(4) After receiving notices from interested parties, government departments, and judicial authorities, they should assist in verifying the legality of the transaction. If it is verified that the transaction is illegal, measures should be taken immediately to terminate the transaction service and keep relevant records;
(5) Keep transaction records, accounting records and other information between users for no less than 2 years from the date of a single transaction.
Article 25【Standards for Game Coin Issuance and Trading Enterprises】 The same enterprise shall not operate online game currency issuance and online game currency trading services at the same time.
Article 26【Regulations on the Distribution and Trading of Online Game Virtual Items】 When an online game publishing business unit issues or changes online game virtual props, it shall promptly publish relevant information, issuance and purchase standards on the official homepage of the online game or in a prominent position within the game. Be transparent and reasonable.
Online game publishing business units shall not exchange online game virtual props obtained by users into legal currency. If online game virtual props are provided to users in exchange for small amounts of physical objects, the content and value of the physical objects shall comply with the provisions of relevant national laws and regulations.
If an online game publishing business unit provides platform services for trading online game virtual props between users, it shall comply with the provisions on online game currency transactions in Article 24.
Virtual props issued by online game publishing business units, purchased directly by users with legal currency, purchased or exchanged using online game currency, and have the function of being directly exchanged for other virtual props or value-added services in the game, shall be managed as online game currency.
Article 27 【Random Drawing】 When providing random drawing services, online game publishing business units should make reasonable settings for the number of draws and probabilities, and must not induce excessive consumption by online game users. 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 virtual prop exchange and direct purchase using online game currency.
Article 28【Prohibition on Providing Payment Services for Illegal Games】 No entities shall provide payment services for illegal online games and illegal online game business activities.
Anyone who provides payment services in violation of the provisions of the preceding paragraph shall be dealt with by the relevant departments in accordance with the law.
Article 29【Publicity and Promotion Standards】 Units that provide publicity and promotion services for online games shall inspect relevant certification documents of service recipients, check the content of advertisements, and shall not publish online game advertisements with inconsistent content or incomplete certification documents. High-value viewer donations are not allowed in online game live broadcasts. The promotion of online games shall not contain the content listed in Article 16 and other content prohibited by laws and regulations.
Article 30【Handling and reporting of illegal content found】 Online game publishing and operating units should strengthen information release management, and strictly implement information security review, illegal information blocking and filtering and other institutional measures for the information content released by users in the game. It is found that Any illegal content in online games should be deleted immediately, relevant records should be kept, and reports should be reported to the local publishing authority at or above the county level.
For users who publish illegal information in online games, the online game publishing business unit shall stop providing relevant services in accordance with the law and contract, keep relevant records, and report to the local publishing authority at or above the county level.
Article 31【Security Protection of Network Information and Personal Information】 Online game publishing business units shall take measures to ensure the security of network information in accordance with laws and administrative regulations, and protect state secrets, business secrets and users’ personal information in accordance with the law.
When online game publishing business units process users’ personal information through the Internet, they should follow the principles of legality, legitimacy, necessity and good faith, disclose special processing rules, clearly state the purpose, method and scope of processing, and notify relevant matters stipulated in laws and administrative regulations in accordance with the law.
Article 32【Anti-Monopoly and Anti-Unfair Competition】 Online game publishing business units shall not engage in monopoly and unfair competition practices to hinder the order of fair competition in the market.
If an online game publishing business unit violates relevant laws and regulations and implements monopolistic behavior, it will be dealt with by the anti-monopoly law enforcement agency in accordance with the law.
Article 33【User Agreement and Online Game Rules】 Online game publishing business units shall follow the principles of fairness and impartiality, sign service agreements with users, and clarify rights and obligations in terms of service rules, user rights protection, and personal information protection.
Article 34【Dispute Resolution】 Online game publishing and business units shall protect the legitimate rights and interests of online game users and publish dispute resolution methods in a prominent position on the website that provides services. If a dispute arises between the two parties that cannot be resolved through consultation, they may apply for arbitration or file a lawsuit in the People’s Court in accordance with the law.
Article 35【Credit System】 The national publishing authority shall establish a credit system for online games, include illegal and non-compliant online game publishing business entities on the warning list, implement pre-approval and interim and post-supervision joint punishment mechanisms, and punish illegal and illegal online games. Publishing business units and relevant responsible persons shall implement credit constraints.
Article 36【Termination of Operation】 If an online game publishing business entity plans to terminate the publication and operation of online games, it shall make an announcement at least 60 days in advance and go through the cancellation procedures with the local provincial publishing department. The provincial publishing department shall report to the national publishing department. Recorded by the competent authorities. For online game users’ unused online game coins and unexpired game services, the online game operating unit shall refund the user in legal currency or other methods accepted by the user in proportion to the user’s purchase.
If an online game’s services are continuously interrupted for more than 30 days due to the cessation of service access, technical failure or other reasons of the online game operating unit’s own reasons, it will be deemed to be terminated.
Chapter 4 Protection of Minors
Article 37【Entities in responsibility】 The protection of minor users of online games is the joint responsibility of minors’ guardians, publishing authorities, online game publishing business units and all sectors of society.
Article 38 【Relevant Responsibilities of the Competent Department】 The publishing competent department shall supervise online game service providers to implement relevant regulations on preventing minors from being addicted to online games, work with relevant departments to punish violations in accordance with the law, carry out relevant publicity and education, and guide families, schools, Social organizations take effective measures to prevent and intervene against minors’ addiction to online games.
Article 39【[Play Session Period, 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 and duration for minors to use online games;
(2) Minors should be prohibited from logging in to games that easily lead to addiction and contain content that is not suitable for minors;
(3) Strictly implement the restrictive requirements for providing paid services to minors, reasonably limit the consumption amount of minors of different ages in using its services, and shall not provide minors with paid services that are inconsistent with their civil capacity;
(4) Account rental and sales, game currency and virtual props trading services, as well as third-party services such as training and playing on behalf of minors are not allowed;
(5) Random drawing services shall not be provided to minors;
(6) Minors are not allowed to make donation to online game live broadcast hosts;
(7) The processing of minors’ personal information should comply with relevant laws and regulations;
(8) No other online game operations that are detrimental to the health of minors are allowed.
Article 40【Anti-Addiction System】 Online game publishing and business units shall establish and improve an anti-addiction system, shall not provide minors with products and services that induce addiction, and timely modify content, functions or rules that may cause minors to become addicted, Provide user-oriented anti-addiction reporting and acceptance services, announce anti-addiction work status to the public every year, and accept social supervision.
Article 41【Identity Verification of Minors】 Online game publishing and business units shall verify the identity information of minor users through necessary means such as a “unified electronic identity authentication system for minors’ online games”.
Article 42【Age Appropriate Notifications】 Online game publishing and operating units shall establish and improve game rules to prevent minors from becoming addicted to the Internet, and prevent minors from being exposed to game content or game functions that may affect their physical and mental health.
Online game publishing and business entities should implement the required items regarding age-appropriate notifications, classify game products according to the physical and mental development characteristics and cognitive abilities of minors at different ages, and evaluate the type, content, function and other factors of game products, and clarify the suitability of game products. The age stage of minor users, and prominent reminders will be given on user download, registration, login interfaces, etc.
Article 43【Guardian Responsibilities】 Parents or other guardians shall perform their guardianship duties for minors in accordance with the law, guide minors to use online games healthily and reasonably, engage in activities beneficial to physical and mental health, develop good living habits, and establish correct The concept of online game consumption should be improved to prevent and stop minors from being addicted to online games. At the same time, they should improve their online literacy, regulate their own behavior in using online games, and strengthen the guidance and supervision of minors’ use of online games.
Article 44【Responsibility of all sectors of society】 Schools should educate and guide students to use online games healthily and rationally based on the physical and mental development characteristics of underage students, strengthen communication and cooperation with parents or other guardians of underage students, and prevent underage students from becoming addicted to the Internet. If an underage student is found to be addicted to online games, his or her parents or other guardians should be informed promptly to jointly educate and guide the underage students.
Internet access service facilities provided for minors in schools, communities, libraries, cultural centers, youth palaces and other places must install network protection software for minors or take other security protection technical measures. Internet access service business premises shall not admit minors.
Online game publishing and operating units should take practical measures to improve the time management, consumption management and other functions of online games to facilitate guardians and schools in performing relevant duties.
Relevant industry organizations should formulate industry self-regulatory norms 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 preventing minors from being addicted to online games.
Chapter 5 Supervision and Management
Article 45【Management Department Responsibilities】 The publishing department shall perform the following duties and strengthen the daily supervision and management of online game publishing business activities within its administrative region:
(1) Conduct industry supervision on online game publishing business entities and implement access and exit management;
(2) Supervise online game publishing and business activities, and investigate and deal with violations this regulation;
(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 business practitioners;
(5) Investigate and punish behaviors that disrupt the order of the online game market, such as lending, leasing, buying and selling, misusing, illegally using the “Online Publishing Service License”, approval number, publication number, private servers, plug-ins, infringement and piracy;
(6) Other responsibilities related to online game management.
Article 46【Division of Jurisdiction】 The publishing authorities at all levels investigate and deal with illegal business activities, and exercise jurisdiction based on the registration place of the unit that commits the illegal business behavior or the actual place of business of the unit; if the registration place and actual place of business of the unit cannot be determined, the person who engages in illegal business activities shall have jurisdiction The place where the information service is licensed or registered for operating websites shall be subject to jurisdiction; if there is no license or registration, the jurisdiction shall be governed by the location of the website or online game server; if the website or online game server is set up overseas, the jurisdiction shall be governed by the place where the illegal act occurred.
Article 47【Annual Report】 Online game publishing business units shall submit annual reports to the local provincial publishing authorities in accordance with regulations. The content of the written report includes the current year’s legal implementation of online game management policies, rewards and punishments, the performance of online game publishing and operations, the issuance and trading of online game currency, internal management, etc.
Article 48【Revocation of Corresponding License】 If an online game publishing business unit no longer meets the statutory conditions for administrative licensing, the publishing authority shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the original licensing authority shall revoke the administrative license.
If an online game publishing business unit violates the relevant provisions of this regulation and obtains a license by improper means, the relevant publishing department shall revoke its corresponding license.
Chapter 6 Supports and Rewards
Article 49 [Online Game Industry Guarantees and Rewards] The publishing authorities shall ensure and promote the development and prosperity of the online game industry.
Article 50 [Encouraging high-quality original games] Encourage research, development and promotion to be guided by socialist core values, develop advanced socialist culture, carry forward revolutionary culture, inherit China’s excellent traditional culture, promote scientific and technological progress, have innovative value, and be beneficial to physical and mental health , educational and entertaining online games.
Article 51 [Encourage international cooperation] Online game publishing business units are encouraged to explore overseas markets, strengthen international cooperation in online games, promote international cultural exchanges, and enhance the international influence of Chinese culture.
Article 52 [Rewards for outstanding units and individuals] Units and individuals that have made important contributions to promoting the healthy development of the online game industry will be commended and rewarded in accordance with relevant national regulations.
Chapter 7 Legal Liability
Article 53 [Penalties for engaging in game services without approval] Whoever engages in activities such as publishing and operating online games or issuance and trading of online game currency without approval, or operating unapproved online games, shall be punished according to Article 61 of the “Publication Management Regulations” According to the provisions of Article 19 of the “Measures for the Administration of Internet Information Services”, the publishing department and relevant departments shall ban it in accordance with the statutory powers, and impose penalties such as suspending the application for a copyright license within a time limit and suspending business for rectification within a time limit according to the circumstances; if it has violated the criminal law, it shall be punished in accordance with the law. Investigate criminal liability; if it is not enough for criminal punishment, all relevant online games will be deleted, illegal gains and major equipment and special tools used for illegal business activities will be confiscated. If the illegal business volume exceeds 10,000 yuan, a fine of more than 5 times and 10 times the illegal business volume will be imposed. If the illegal business volume is less than 10,000 yuan, a fine of less than 50,000 yuan may be imposed; if the legitimate rights and interests of others are infringed, civil liability shall be borne in accordance with the law.
Article 54 [Penalty for violations of online game content] Whoever publishes or operates online games containing the content listed in Article 16 shall be punished in accordance with Article 62 of the “Publication Management Regulations” and Article 6 of the “Internet Information Services Management Measures” According to the provisions of Article 20, the publishing department shall order the relevant content to be deleted and make corrections within a time limit, and the illegal income shall be confiscated. If the illegal business volume exceeds 10,000 yuan, a fine of not less than 5 times but not more than 10 times of the illegal business volume shall be imposed; if the illegal business volume is less than 10,000 yuan, a fine shall be imposed. If the amount exceeds RMB 50,000, a fine of not more than RMB 50,000 may be imposed; if the circumstances are serious, the publication number application shall be stopped within a time limit, the business shall be suspended for rectification within a time limit, or the “Online Publishing Service License” shall be revoked by the publishing authority; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 55 [Penalty for Violations in the Promotion of Online Game Advertising] Anyone who violates Article 29 shall comply with the provisions of laws and administrative regulations if they are stipulated in them; if there are no stipulations of laws or administrative regulations, the publishing authority shall order him to stop. Provide related services.
Article 56 [Penalty for Lending, Leasing, etc. Licenses] Anyone who violates Article 14 shall, in accordance with the provisions of Article 66 of the “Publication Management Regulations”(《出版管理条例》), be ordered by the publishing authority to stop the illegal behavior, be given a warning, and confiscate Illegal gains, if the illegal business volume is more than 10,000 yuan, a fine of not less than 5 times but not more than 10 times of the illegal business volume shall be imposed; if the illegal business volume is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed; if the circumstances are serious, a fine of not more than 5 times but not more than 10 times of the illegal business volume shall be imposed; Application for edition numbers shall be stopped, business shall be suspended for rectification within a time limit, or the “Online Publishing Service License”(《网络出版服务许可证》) shall be revoked by the publishing authority.
Article 57 [Punishments such as illegal changes to licensed content, unauthorized suspension, etc.] Anyone who commits any of the following acts shall, in accordance with the provisions of Article 67 of the “Publication Administration Regulations”(《出版管理条例》), be ordered to make corrections and given a warning by the publishing authority; if the circumstances are serious, , ordered to stop application for edition number within a time limit, suspend business for rectification within a time limit, or revoke the “Online Publishing Service License”(《网络出版服务许可证》):
(1) An online game publishing business unit changes the registration items and capital structure of the “Online Publishing Service License”(《网络出版服务许可证》), engages in online publishing services beyond the approved service scope, merges or splits, establishes a branch, and fails to go through the approval procedures in accordance with these Measures;
(2) An online game publishing business unit suspends online game publishing and business activities without authorization for more than 180 days;
(3) The quality of online games does not meet relevant regulations and standards.
Article 58 [Penalty 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”(《中华人民共和国未成年人保护法》), if an online game publishing business unit violates the relevant provisions on the protection of minors, the publishing supervisor shall The department shall order corrections, issue warnings, and confiscate illegal gains in accordance with its duties. If the illegal gains exceed 1 million yuan, a fine of not less than 1 time but not more than 10 times of the illegal gains shall be imposed. If there are no illegal gains or the illegal gains are less than 1 million yuan, a fine of 100,000 yuan shall be imposed. A fine of not less than RMB 1 million but not more than RMB 1 million shall be imposed on the directly responsible person in charge and other responsible personnel. A fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed on the directly responsible person in charge and other responsible personnel; if the person refuses to make corrections or the circumstances are serious, he may be ordered to suspend the relevant business, suspend business for rectification, close the website, or revoke the Business license or relevant license revoked.
Article 59 [Real-name Registration Violation] According to Article 61 of the “Cybersecurity Law of the People’s Republic of China”(《中华人民共和国网络安全法》), an online game publishing business unit violates Article 22 by failing to require users to provide their true identity information, or If users who do not provide their true identity information provide relevant services, the publishing authorities will order them to make corrections; if they refuse to make corrections or the circumstances are serious, they will be fined not less than RMB 50,000 but not more than RMB 500,000, and the relevant authorities may order them to suspend relevant business, Suspend business for rectification, close websites, revoke relevant business licenses or revoke business licenses, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the directly responsible person in charge and other directly responsible personnel.
Article 60 [Penalty 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”(《中华人民共和国个人信息保护法》), an online game publishing business unit violates the provisions of Article 31 and fails to perform personal information protection. Those who have information protection obligations shall be ordered to make corrections by the department performing personal information protection responsibilities, given a warning, and illegal gains shall be confiscated. For online games that illegally handle personal information, they shall be ordered to suspend or terminate the provision of services; those who refuse to make corrections shall be fined not more than 1 million yuan. Fines; the directly responsible person in charge and other directly responsible personnel shall be fined not less than RMB 10,000 but not more than RMB 100,000.
If there is any behavior specified in the preceding paragraph and the circumstances are considered serious, the department performing personal information protection duties at or above the provincial level shall order corrections, confiscate the illegal gains, and impose a fine of not less than 50 million yuan or not more than 5% of the previous year’s turnover, and may Order the suspension of relevant business or suspension of business for rectification, notify the relevant competent authorities to revoke relevant business licenses or revoke business licenses; impose a fine of not less than 100,000 yuan but not more than 1 million yuan on the directly responsible person in charge and other directly responsible personnel, and may decide to prohibit them from operating within a certain period of time Serve as directors, supervisors, senior managers and person in charge of personal information protection of relevant companies within the period.
Article 61 [Other Violation Punishments] Anyone who commits any of the following acts shall be ordered by the publishing authority to stop the illegal acts, make corrections within a time limit, be given a warning, have illegal gains confiscated, and be fined not more than 100,000 yuan:
(1) Violate Article 13 and fail to perform relevant approval procedures as required;
(2) Violating Article 15 and failing to implement the content self-examination system and other management systems as required;
(3) Violating Article 17 by setting up forced battles in online games;
(4) Violating Article 18 and guiding excessive use and high consumption of online games;
(5) Violating Article 19 and failing to mark information;
(6) Violating Article 20 and failing to perform corresponding verification obligations;
(7) Violating Articles 23, 24, 25, 26, and 27 and failing to issue and trade online game currency and virtual props in accordance with regulations;
(8) Violate these Measures and other relevant regulations of the publishing authorities on online game publishing and business activities.
Chapter 8 Supplementary Provisions
Article 62 [Definition] [Online Game Publishing] The online game publishing mentioned in this regulation refers to the act of providing online game products and services to the public through the Internet.
[Online Game Operation] The term “online game operation” as mentioned in this regulation refers to the act of providing users with online game downloads or online interactive use through networks after the publication of online games, and charging users or obtaining benefits through advertising and other means.
Online game operating units provide user systems, charging systems, program downloads, publicity and promotion and other services for the online game products of other operating companies, and participate in the profit sharing of online game operations. This is a joint operation and should bear corresponding responsibilities.
[Technical Testing] The term “technical testing of online games” as mentioned in this regulation refers to the act of providing online game content to the non-specific public and conducting multi-faceted testing of game performance, defects, server load, etc.
[Online Game Currency] The term “Online Game Currency” as mentioned in this regulation refers to the currency issued by online game operating units and purchased directly or indirectly by online game users using legal currency at a certain exchange ratio. It exists outside the game program and is stored in the server in the form of electromagnetic recording. , a virtual exchange tool expressed in specific numerical units.
[Online game virtual props] The term online game virtual props as mentioned in this regulation refers to those purchased by users with legal currency or online game currency or obtained according to a certain exchange ratio or obtained through game play in the game, and exist within specific game programs. virtual items.
[Issuance of online game currency] The term “issuance of online game currency” as used in this regulation refers to the behavior of online game operating units providing online game currency to the public through sales and other methods, and providing services for using the online game currency in the online game.
[Online game currency trading services] The term online game currency trading services as mentioned in this regulation refers to the act of providing platform services for online game currency transactions between users.
[Private servers, plug-ins] The term “private servers” and “plug-ins” as mentioned in these regulations refer to the technical protection measures of online games that undermine legal publishing operations and copyrights owned by others, modify data, set up servers privately, and make game recharge cards without permission or authorization. , operate or link to the operation of online games that are legally published and whose copyrights are owned by others, so as to seek benefits and infringe on the interests of others.
Article 63 The management of domestic mini-program online games that have no storylines, with simple gameplay, and no top-up for in-game service purchases shall be separately stipulated by the national publishing department in accordance with the principles of the “Publication Management Regulations” and these Measures.
Article 64 These Measures will come into effect on X, XX, 2024. If previously issued regulations on online game services are inconsistent with these Measures, these Measures shall prevail.