Author: Yunting, from head Figure: Vision China
I saw a news: “ Tencent Games: Adults frequently complain of malicious complaints in the name of minors , looking at the title alone, Leviathan, whose income during the epidemic surged 10 billion yuan over the same period last year, became a victim. However, the author believes that the big reason for the malicious complaint is due to Tencent’s own responsibility. Today this article discusses this matter.
I. Why should minors recharge large games?
Our civil law and contract law stipulate that natural persons under the age of 18 are minors and do not have full capacity for conduct. Therefore, the large-scale recharge of the person with limited civil capacity in the game will only take effect after being approved by the legal agent.
The Supreme People ’s Court issued a judicial interpretation during the epidemic: people with limited capacity for civil conduct, without the consent of their guardians, to participate in online paid games or online live broadcast platform “reward” and other methods of spending incompatible with their age and intelligence If the guardian requests the network service provider to return the payment, the people’s court shall support it.
So the parents found that the children made a large amount of recharge in the Tencent game, which can be recovered according to law. Then the problem came. In the previous news, Tencent said: “ According to incomplete statistics, on average Tencent customer service will receive more than 20 malicious complaints from adults in the name of minors ” .
Second, why does Tencent itself have a small responsibility for malicious complaints?
The author believes that if an adult ’s malicious complaint in the name of a minor is true, Tencent should be held responsible. Because legally, in order to prevent minors from recharging large amounts, the country has compliance requirements for game manufacturers.
The Notice of the State Press and Publication Administration on Preventing Minors from Addicting to Online Games stipulates that online game companies must take effective measures to restrict minors from using paid services that do not match their civil capacity. Users under the age of 8 are not allowed to provide paid game services for them. 8 to 16 years oldUsers, the single recharge amount cannot exceed 50 yuan, and the monthly recharge amount cannot exceed 200 yuan; users 16 to 18 years old, the single recharge amount cannot exceed 100 yuan, and the monthly recharge amount cannot exceed 400 yuan. .
Tencent is currently doing real-name authentication, which only restricts users from submitting information to users who are teenagers. However, the regulations of the Bureau are “Take effective measures”, is this measure from Tencent effective? The current situation is that children can bypass Tencent’s minor verification and play games as adults as long as they get the parent’s ID number and payment password. I believe that a small percentage of children (including our baby) can do this, so this measure is not an effective measure.
What should be effective measures? Today’s smartphones have front-facing cameras, and Tencent has a face recognition verification interface that connects to the Ministry of Public Security, so Tencent can fully implement face recognition verification of the user’s actual identity and screen out those who are registered in the name of parents The true identity of the children of the game, and then implement anti-addiction to them, but they did not do so .
Of course, according to Tencent itself, the system will initiate a face recognition process for users with suspected minor features in the game. The author expressed doubts about the effectiveness of this standard ’s own control measures. Identifying as a minor will affect income. Do n’t expect a company to spend a lot of energy on the self-loss of income. In front of performance, Do n’t be evil and technology The effectiveness of Xiangshan will be discounted, which is human nature.
Three, the difficulty of the game company to set up face verification
Objectively speaking, game companies including Tencent are not without obstacles in setting up face recognition during login or payment. User experience and feedback is a big problem. On the one hand, when the implementation begins, the verification process will make users feel bad, on the other hand, users who are more concerned about privacy will be more sensitive to face recognition , Not just playing a game, the content of the game has been reviewed, not yellow or violent, human blood is green, and the real name system has been given, and the ID card has been given to you, why should you brush your face? More serious customers may complain or even sue Tencent, making it very embarrassing.
User data compliance involved in face recognition verification is a bigger issue : According to the provisions of the “Network Security Law”, game operationsBusinessmen should strictly keep confidential the user information they collect, and establish and improve user information protection systems. The collection and use of personal information should follow the principles of lawfulness, legitimacy and necessary, publicly collect and use rules, express the purpose, method and scope of the collection and use of information, and obtain the consent of the person being collected. At the same time, the game operator shall not disclose, tamper with or destroy the personal information it collects; it may not provide personal information to others without the consent of the person being collected. In addition, the game operator should take technical measures and other necessary measures to ensure the security of the personal information it collects and prevent information leakage, damage, or loss. These obligations must be implemented and the workload is not small.
The third question is . If any of the above two questions go wrong, it will affect Tencent ’s performance . I personally think that the third problem is the core. Once Tencent resolves to overcome the third problem, the first two problems can be solved:
User experience and feedback can be solved through user education, communication, and in-game welfare, and I wo n’t go into details here. The data legal issues of the Cybersecurity Law, Tencent has successfully solved most of the data compliance issues in the games currently running. As for the new face data issues, as long as Tencent follows the legal principles and legitimate principles when collecting and using 3. Necessary principles. I do n’t think that face recognition technology is used to verify the identity of minors in games.
Finally, according to reports, Tencent ’s mobile game revenue in the first quarter of 2020 was 34.756 billion yuan, accounting for 67.36% of the actual sales revenue of China ’s mobile game market in the quarter of 55.370 billion yuan. beneficiary. Industry interests correspond to responsibilities. Of course, Tencent has a great responsibility to solve the problem of youth addiction to the game. Therefore, the author believes that it should be duty-bound to implement the face recognition verification system for game login and payment as soon as possible to solve the youth in the Tencent game system. The problem of indulging in games.
author: Yunting, the Shanghai state law firm senior partner, intellectual property lawyers, Tel: 8621-52134900, Email: yytbest@gmail.com , This article only represents the author’s point of view.