This article is from the official account: Tencent Research Institute (ID: cyberlawrc) , Author: Penghong Jie, Liu Yanjun, from FIG title: Visual China

The new “Network Protection” chapter is one of the highlights of this unprotected law revision. There are 17 chapters in total. The provisions not only make targeted provisions on existing problems, correct the “technical determinism”, and systematically stipulate the rights, obligations and responsibilities of families, schools, society, enterprises and the government to protect minors; they also clearly stipulate the “network literacy” system , To guide people from all walks of life to look at new technologies such as the Internet objectively and rationally with the national law, and to create a good external environment for minors to correctly understand, use the Internet, and learn to master innovative capabilities.

Combined with the problems faced by network protection and the overall revision of the law, the “Network Protection” chapter presents “multi-party participation in network protection”, “prescribes industry responsibilities with “commonness + individuality”” and “prescribes” network literacy. ‘” Three bright spots.


1. Background and main issues of network protection

1. The Internet is constantly infiltrating, and issues such as excessive use, content risks, and personal safety have caused concerns

According to the 46th “Statistical Report on Internet Development in China”, as of June 2020, there were 940 million netizens in China, of which “under 19” accounted for about 18.3%; according to the “Internet of Minors in China in 2019″ Usage Research Report”, the Internet penetration rate among minors has reached 93.1%(excluding groups under 6 years old and non-student samples) [1]. In the process of internet use by minors, there have been three major issues such as excessive use of time or consumption, content risks that endanger information or information that may affect physical and mental health, and personal safety caused by privacy leakage and suicide games.

2. The “technical determinism” restriction problem is resolved, and it needs the participation of multiple parties to create “concentric circles”

In order to solve the above problems, the industry continues to explore measures such as real-name registration, identity verification, and age recognition to identify minors and take restrictive measures. However, because of minors’ “three crosses” behavior [2], they bypassed the online measures taken by the company . In this regard, there are constant opinions that companies should adopt biometric technologies such as faces and fingerprints to verify their identities and limit time and consumption in different links such as registration, login and consumption.

Only emphasizes online technical measures, ignoring the role and role of offline families, schools, society and the government. It has obvious characteristics of “technological determinism”. It is not only difficult to solve the problem effectively, but also does not conform to the unprotected multilateralism The idea of ​​”the common responsibility of the subject”. And if the “adult’s face and the child’s face” are treated differently, emphasizing the collection of sensitive personal information of minors, it will also cause new problems in the protection of minors’ personal information[3].

For this reason, the special chapter “Network Protection” in Chapter 5 of the Protection Law has systematically stipulated the obligations of the government, society, schools, families and enterprises in order to protect minors.

Second, clarify the obligations of families, schools, enterprises, society and the government, and participate in network protection from multiple parties

Based on the overall logic of the unprotected law, the “Network Protection” chapter also makes relevant regulations for families, schools, society and the government; network service providers( (Referred to as enterprise) regulations are introduced in the next section.

1. Guardians should “lead by example” to guide and supervise minors

Article 71 stipulates that guardians should improve their network literacy, regulate their own use of the Internet, and then guide and supervise the use of the Internet by minors. Guardians should install minors’ network protection software, select appropriate service modes and management functions, etc., not only to prevent minors from contacting information that may harm or affect their physical and mental health, but also to reasonably arrange the time for minors to use the Internet to effectively prevent minors. Adults are addicted to the Internet.

Actually, Articles 16 and 17 of the “Family Protection” chapter also stipulate the guardian’s duty to protect the Internet:

(1) Guardians should carry out safety education to improve minors’ self-protection awareness and ability; ensure minors’ time for rest and entertainment, and guide minors to engage in activities that are beneficial to their physical and mental health. These compulsory regulations should include safety education on network use and guarantee of rest and entertainment time for network use.

(2) Guardians must not allow minors to indulge in the Internet, and must not allow minors to indulge in online information, or contact with online information that may harm or affect their physical and mental health. With this prohibitive provision, clear requirements are set for guardians to intervene in minors’ online use.

It can be seen that, based on the judgment that “family is the first person in charge”, the guardianship duties in the field of network protection are also systematically stipulated, which to some extent follows the excellent tradition of “children are not the fathers”.

2. After “family is the first responsible person”, schools are also important places and persons responsible for network protection

Article 70 stipulates: First, schools should reasonably use the Internet to carry out teaching activities. At the same time, it should also manage the internet usage activities of minors. Without the permission of the school, students are not allowed to bring smart terminal products such as mobile phones into the classroom, and those brought into the school should be managed in a unified manner. Second, schools should focus on the phenomenon of indulging in the Internet. If underage students are found to be addicted to the Internet, they should promptly inform their guardians, jointly educate and guide, and help restore normal study and life.

3. All sectors of society should also actively participate in the online protection of minors

Article 69 stipulates that schools, communities, libraries, cultural centers, youth palaces and other places that provide minors with Internet facilities should install minors’ network protection software or take other safety protection measures. Manufacturers and sellers of smart terminal products should install protection software on the products, or inform the installation channels and methods in a significant way.

In addition, the first paragraph of Article 77 and Article 79 respectively stipulate that no one shall insult, slander, threaten or maliciously damage the image of minors and other cyber bullying behaviors; anyone who discovers cyber-harm information, etc. has the right Complain and report to network service providers or relevant departments. Therefore, all sectors of society are required to participate in the protection of minors online.

4. The government’s network protection obligation is irreplaceable

Article 65~68 specifically stipulate:

(1) The state encourages and supports the creation and dissemination of network content that is conducive to the healthy growth of minors, and encourages and supports network technologies, products, and services that specifically target minors and are suitable for the physical and mental health of minors R&D, production and use of

(2) Relevant departments such as cyberspace affairs should strengthen supervision and inspection of network protection, punish harmful activities in accordance with the law, and provide a safe and healthy network environment.

(3) The network information department takes the lead to determine the types, scope and judgment standards of network information that may affect the physical and mental health of minors based on the needs of protecting minors at different ages.

(4) For minors who are addicted to the Internet, press and publication departments should regularly carry out preventive publicity and education, supervise enterprises to fulfill their preventive obligations, and guide families, schools, and social organizations to cooperate with each other to prevent and intervene in a scientific and reasonable way Addicted to Internet. In addition, no one may interfere with minors’ addiction to the Internet in a way that harms the physical and mental health of minors.

3. Distinguish the general from the special, and build the industry’s “commonness + individuality” network protection obligation system

Considering the actual situation of minors’ Internet use and the proper role of the enterprise, the “Internet Protection” chapter has made systematic regulations from the following three perspectives:

1. For common network services, put forward general “commonality” specifications

(1) For the protection of personal information of minors, Article 72 stipulates: First, the handling of personal information of minors shall follow the principles of lawfulness, fairness and necessity; for those under 14 years of age, the consent of the guardian shall be obtained , Unless otherwise provided by laws and administrative regulations. The second is that, compared with the general provisions of the Cyber ​​Security Law, the right to correct or delete the personal information of minors stipulated in this article does not set the preconditions for “incorrect personal information” or “violation of the law”. The specific implementation may have to be resolved by the “Personal Information Protection Law” being formulated.

(2) Regarding the excessive use of time, the first paragraph of Article 74 actually requires that no enterprise shall provide products and services that induce addiction.

(3) Regarding content risks, articles 50, 51, and 52 of the “Social Protection” chapter stipulate that the production and dissemination of hazardous information, reminders that may affect physical and mental health, and the production and dissemination of obscene and pornographic materials held by minors are prohibited Based on:

For dangerFirst, the enterprise itself should not make or disseminate in accordance with Article 50; second, in accordance with the second paragraph of Article 80, if the enterprise discovers that users publish or disseminate, it should immediately stop the transmission and delete, block, or disconnect And other measures, keep relevant records, and report to relevant departments.

For information that may affect physical and mental health, on the basis of Article 67 requiring relevant departments to formulate relevant standards and provide official authoritative standards for the relevant obligations fulfilled by enterprises, first, the enterprise itself shall disseminate such information in accordance with Article 50 Second, according to the first paragraph of Article 80, if a user is found to have released such information, the enterprise shall “prompt” or notify the user of the prompt. If it is not prompted, it shall not be transmitted.

2. For key network services, stipulate special “personality” specification requirements

(1) Regarding the excessive use of time and consumption, the second paragraph of Article 74 stipulates that “online games, webcasts, web audio and video, web social networking, etc.” network service providers shall target minors to use their service settings” Time management, authority management, consumption management, etc.” functions.

(2) For online education, Article 74, paragraph 3, stipulates that online education that serves minors must not insert links to online games, or push advertisements and other information unrelated to teaching. This is similar to Article 40 of the “Advertising Law” regarding the advertising norms for the media for minors.

(3) For online games, Article 75 specifically stipulates four provisions: First, online games can only be operated after they have been approved by law. Second, the state has established a unified electronic identity authentication system for minors in online games. Furthermore, online game companies should require minors to register and log in with real identity information based on this. Third, online game companies should categorize games, prompt them for age, and take technical measures to prevent minors from contacting inappropriate games or functions in accordance with national regulations. Fourth, from 22:00 to 8:00 the next day, online game companies are prohibited from providing online game services to minors.

Among them, one, three, and four all refer to the upgrading of existing regulatory practices to legal regulations, and the second is to add new regulations to provide an official authoritative authentication system for online game companies to identify minors, and solve problems such as identification difficulties.

(4) For webcasting, Article 76 stipulates that live broadcast companies shall not provide live broadcast publisher account registration services for those under 16 years old; minors between 16 and 18 years old can register for live broadcast publishing services, but they should be authenticated Its identity information, and obtain the consent of the guardian.

3. Regarding the relevant behaviors performed by users on the platform, in the field of juvenile network protection, a responsibility system for platform content management related to juvenile protection has been established

Article 73 stipulates that if an enterprise discovers that a minor has released private information, it shall promptly prompt it and take necessary protective measures.

The second paragraph of Article 77 stipulates the handling system of cyber bullying in accordance with the online platform liability system stipulated in the Civil Code. Specifically, minors who have suffered cyberbullying and their guardians have the right to notify companies to take measures such as deleting, blocking, and disconnecting links. After receiving the notice, the enterprise shall take necessary measures in a timely manner to stop cyberbullying and prevent the spread of information.

The first paragraph of Article 80 stipulates that if an enterprise discovers that a user publishes or disseminates information that may affect the physical and mental health of minors without making a noticeable reminder, it shall make a reminder or notify the user to be reminded; if no reminder is given, the relevant information shall not be transmitted information. The third paragraph stipulates that if an enterprise discovers that a user uses its services to commit crimes against minors, it shall immediately stop providing services to the user, keep relevant records, and report to the public security organ.

Four. Considering from a long-term perspective, coordinating strategies and stipulating a “network literacy” system, which has far-reaching significance

As far as the relationship between minors and new technologies such as the Internet is concerned, it is not only necessary to consider solving existing problems and protecting minors; but also from the perspectives of how to view the Internet and how to deal with related issues, stipulate that minors and guardians The “Internet literacy” system of the party’s main body:

1. Article 64 stipulates the system related to the Internet literacy of minors

The country, society, schools, and families should all participate in the Internet literacy work of minors in order to cultivate and improve the Internet literacy of minors; in order to enhance minors’ awareness and awareness of scientific, civilized, safe and reasonable use of the Internet Ability to ultimately protect the legitimate rights and interests of minors in cyberspace. This also echoes the principle of “most beneficial to minors” stipulated in the General Regulations.

2. The first paragraph of Article 71 stipulates the Internet literacy system related to guardians

Require guardians to improve their own network literacy, regulate their own use of the Internet, and then guide and supervise the use of the Internet by minors. In fact, under the trend of informatization, Article 15 stipulates that guardians should learn about family education and receive family education guidance.Network literacy should also be an essential part of it.

After stipulating the Internet literacy system, it can help guide people from all walks of life to correctly understand the Internet and other new technologies, and to better view the problems related to the use of the Internet by minors. To some extent, it can also act on the “generation gap” and ease the relationship between parents and children. The “intergenerational conflict” has far-reaching significance. Of course, how to determine the proper meaning of the Internet literacy of minors and guardians can learn from the EU “Digital Literacy Framework”[4] , etc., starting from the practice of protecting minors online in my country, subsequent specific supporting systems will be introduced to implement them.

5. Conclusion

Under the perspective of informatization and global competition, minors are not only users and enjoyrs of current information technology development, but also participants, practitioners and innovators in future technological competition.

In the process of the revision of the unprotected law, the newly added “Internet Protection” chapter also implements the overall idea of ​​the unprotected law revision: adhere to the principle of “most beneficial to minors” and respond to the “technical determinism” Misconceptions, the use of specific regulations to give full play to the role of multi-parties to solve existing problems such as excessive use, content risks, personal safety, etc.; also stipulates a “network literacy” system to guide all walks of life to correctly view network technology to ensure that minors can correctly understand and Use new technologies, and get in touch with and learn new knowledge and new skills, so as to be able to participate in the future competition of technological innovation; it is also necessary to cultivate the network literacy of the whole society, guide the correct view of network technology, and create a good external environment.

Under the background of the current global technological competition, the impact is far-reaching.

Notes

[1] See the 46th “Statistical Report on Internet Development in China” respectively http://www.cnnic.net.cn/hlwfzyj/hlwxzbg/hlwtjbg/202009/ P020200929546215182514.pdf and “Research Report on National Internet Use of Minors in 2019”, http://www.cnnic.net.cn/hlwfzyj/hlwxzbg/qsnbg/202005/P020200513370410784435.pdf.

[2] specifically refers to three behaviors: “cross-account” renting different accounts, “cross-terminal” renting different mobile phones, and “cross-enterprise” choosing different services from different companies .

[3] See Lei Sun: “Is there a perfect technical method to solve minors’ addiction to the Internet?”, https://www.tmtpost.com/4479416 .html?code=011D29sV0dGg9Z184brV0ku8sV0D29s0&state=tmtreward&from=singlemessage, Titanium Media, uploaded on June 19, 2020, accessed on October 18, 2020.

[4]See EU official website: “DigComp 2.1: The Digital Competence Framework for Citizens witheight proficiency levels and examples of use”, https://ec.europa.eu/jrc /en/publication/eur-scientific-and-technical-research-reports/digcomp-21-digital-competence-framework-citizens-eight-proficiency-levels-and-examples-use, accessed October 19, 2020.

The United States released the “21st Century Skills Framework” in 2007, including “learning and innovation capabilities”, “information media and technology capabilities” and other content.

This article is from the official account:Tencent Research Institute (ID: cyberlawrc), author: Peng Hongjie, Liu Yanjun