Draft regulation aims to shield minors online

China's top internet regulator released a draft regulation that aims to establish a robust legal framework for the healthy development of minors as part of broader efforts to strengthen the protection of children online.

The 25-article draft, developed by the Cyberspace Administration of China, was published in full on Friday, along with contact information for public feedback, with the comment period set to remain open until Oct 17.

Experts have praised the draft for its comprehensive provisions addressing public concerns over children's internet use, including livestreaming, online addiction and the use of artificial intelligence agents. It also clarifies the responsibilities of internet companies and government agencies, urging them to adopt differentiated approaches when providing online services for minors.

Zheng Ning, head of the law department at Communication University of China's School of Cultural Industries Management, said the draft not only supplements existing laws on the online protection of minors, but also addresses a range of new challenges arising from the integration of emerging technologies, such as AI and big data, into young people's lives.

Zheng said the draft is highly practical as it emphasizes differentiated online services for minors, strengthens preventive measures and makes systematic arrangements in key areas such as minor user identification, content review, algorithm management and the development of a 'minor mode'.

For example, the draft prohibits the provision of services for launching livestreaming rooms to individuals under 16.

"This means people in this age group are not allowed to be streamers, start their own broadcasts or transmit audio or video content to the public in real time," Zheng said.

She cited the Civil Code, noting that minors aged 16 to 18 can be considered to have full civil capacity if their primary source of income is their own labor or if they are able to be responsible for their actions.

"However, those under 16 are generally not mature enough and lack sufficient life experience, making them susceptible to cyberbullying and irrational spending, so they are not permitted to be livestream hosts," she said.

Minors under 16 can watch livestreams, she said, but streaming platforms must provide and ensure the use of a minor mode for them.

Liu Ying, vice-president of the Chinese Academy of Cyberspace Studies, also expressed support for the draft's approach of providing differentiated protection and online services based on minors' level of physical and mental development.

"The cognitive abilities, discernment levels and self-protection awareness of minors gradually develop with age, and the online risks faced by different age groups vary," said Liu, adding that using the age thresholds for civil capacity outlined in the Civil Code as a reference is practical and aligns with the legal framework.

Zheng and Liu both praised the draft for explicitly prohibiting the provision of services such as virtual companions and virtual relatives to minors.

"Virtual intimacy can easily lead children to form emotional attachments, blur the boundaries between virtual and real-life interpersonal relationships, interfere with their real-life social interactions and value recognition and potentially induce internet addiction and irrational spending," Zheng said.

She added that the prohibition is consistent with another regulation, which took effect on July 15, that bans AI platforms from generating content that could lead users to make questionable decisions by emotional manipulation or that could trigger extreme emotions or unhealthy habits among minors.

Wang Zhiqin, vice-president of the China Academy of Information and Communications Technology, said the draft also aligns with global trends and offers a solution to the worldwide governance challenge of protecting minors online.

In recent years, evidence has grown on the effects of social media on minors' mental health, behavior and safety, with more countries and regions exploring higher legal thresholds for minors who use social platforms. Some countries have introduced legislation imposing age restrictions in this area, Wang said.

Wang said the latest draft is based on changes in the online environment and emerging risks, and establishes a collaborative governance framework involving cyberspace, education, public security and internet platforms, tailored to different age groups of children.

"This approach not only effectively prevents potential risks of harm from the internet to minors, but also ensures their rights to safely and reasonably use the internet, presenting a solution with Chinese characteristics," she added.