Provisions on Ensuring the Healthy and Safe Use of the Internet by Minors Draft for Soliciting Comments

The Cyberspace Administration of China (CAC) has unveiled a comprehensive draft of the Provisions on Ensuring the Healthy and Safe Use of the Internet by Minors, marking a significant escalation in the nation’s efforts to regulate the digital life of its youngest citizens. These draft regulations, set to take effect in 2026, establish a rigorous framework for internet service providers, hardware manufacturers, and application distribution platforms. The primary objective is to cultivate a digital environment that prioritizes the physical and mental well-being of minors while safeguarding their legal rights and interests. By mandating technical standards and prohibiting specific categories of online services for children, the Chinese government is moving toward a systemic "minor mode" that operates at both the software and hardware levels.

A New Regulatory Framework for Digital Protection

The draft regulations are built upon the legal foundations of the Law of the People’s Republic of China on the Protection of Minors, the Cybersecurity Law, and the Personal Information Protection Law. Unlike previous iterations of internet guidelines, these provisions broaden the scope of responsibility to include the entire supply chain of digital consumption. Under Article 2, any entity providing internet services, manufacturing smart terminals, or distributing applications within the territory of China must comply with these rules.

Central to the draft is the principle of the "best interests of the minor." Article 3 requires service providers and manufacturers to conduct scientific evaluations of the potential impact their products may have on children. This includes adjusting service delivery methods and content based on the developmental characteristics of different age groups. The regulations emphasize that technology should facilitate "scientific, civilized, safe, and reasonable" internet use rather than fostering addiction or exposure to harmful content.

Prohibited Services and Mandatory Restrictions

One of the most stringent aspects of the draft is the explicit prohibition of certain services for users under the age of 16. Article 4 outlines five categories of internet services that providers are strictly forbidden from offering to minors:

  1. Stranger-based Social Networking: Services that facilitate social interaction between strangers are banned for those under 16, with narrow exceptions for minors who can prove they are self-supporting through labor (typically applicable to those between 16 and 18).
  2. Virtual Intimacy Services: Any platform providing "virtual parents," "virtual companions," or other simulated intimate relationships is prohibited.
  3. Addictive and Harmful Services: Any service designed to induce addiction or that could seriously impair the physical and mental health of a minor.
  4. Live Streaming Distribution: Minors under the age of 16 are barred from providing live-streaming services (acting as hosts/creators).
  5. Legally Restricted Content: Any other service prohibited by existing administrative regulations.

Furthermore, Article 5 mandates that specific types of services must be provided through a "Minor Mode" for all users under 16. This includes audio and video services, social media (including microblogs, forums, and private messaging), and, notably, Artificial Intelligence (AI) services that could influence a minor’s cognitive development.

Chronology of China’s Minor Protection Regulations

The release of these draft provisions is the latest step in a multi-year campaign to tighten digital oversight.

  • 2019: China first introduced a voluntary "Youth Mode" for short-video platforms like Douyin (TikTok’s domestic counterpart).
  • 2021: The "three-hour rule" was implemented, restricting minors to just one hour of online gaming on Fridays, weekends, and public holidays.
  • 2022: New regulations banned minors from tipping live-streamers and prohibited them from hosting streams without parental consent.
  • 2023: The CAC released a draft to expand "Youth Mode" into a "Minor Mode" that would be integrated into mobile operating systems, not just individual apps.
  • 2024-2025: Refinement of the technical standards for hardware manufacturers to ensure seamless switching between adult and minor modes.
  • 2026: The projected implementation date for the currently proposed Provisions on Ensuring the Healthy and Safe Use of the Internet by Minors.

Supporting Data: The Scale of the Digital Youth Population

The necessity for such comprehensive regulation is underscored by the sheer scale of internet penetration among Chinese youth. According to the 2022 National Research Report on Internet Use Among Minors, the number of minor internet users in China reached 191 million, with an internet penetration rate of 96.8%.

Key data points from recent surveys include:

  • Device Ownership: Over 91.5% of minors have access to their own digital devices, often starting as early as primary school.
  • Content Consumption: Short-video platforms are the most popular digital activity, with 54.1% of minors reporting regular use.
  • Online Education: While 87.4% use the internet for study-related tasks, concerns regarding "internet dependence" remain high among parents, with nearly 40% expressing worry over gaming and social media addiction.
  • Cybersecurity Risks: Approximately 16.6% of minors reported encountering some form of online harassment or inappropriate content, justifying the draft’s focus on "stranger social networking" bans.

Hardware and Platform Responsibilities

The draft places a heavy burden on hardware manufacturers. Article 10 requires smart terminal manufacturers to install "Minor Mode" features directly into the operating system. These features must include one-click switching, exit verification, and the ability to manage usage time and content. This move shifts the responsibility from individual app developers to the device level (such as smartphones and tablets), making it harder for tech-savvy minors to bypass restrictions by switching between different apps.

Application distribution platforms (app stores) are also held accountable under Article 10. They must strictly audit apps during the submission process. If an app is deemed unsuitable for a certain age group, the platform is required to restrict its download and installation for users in Minor Mode.

Identity Verification and Algorithmic Ethics

To ensure these restrictions are effective, Article 6 mandates robust identity verification. Internet service providers must utilize the national network identity authentication public service and other digital ID systems to verify the age of their users. For minors with limited civil capacity, their legal guardians must handle the registration of telecommunications services.

Article 8 targets the "engine" of modern internet platforms: algorithms. Providers are forbidden from using algorithmic models that induce emotional dependence, addiction, or excessive spending in minors. This is a direct strike against "infinite scroll" features and recommendation engines that prioritize engagement over user well-being.

Official Responses and Stakeholder Roles

Government departments are expected to work in a coordinated "multi-pillared" approach. The CAC will oversee filing and annual checks of "Minor Mode" implementations. The Ministry of Education is tasked with guiding schools to educate students on digital literacy and managing the use of smart devices on campus (Article 13). Meanwhile, the Ministry of Public Security will focus on cracking down on cyber-violence, pornography, and the infringement of personal information (Article 14).

Industry giants such as Tencent, NetEase, and ByteDance have generally expressed a commitment to compliance, though analysts note that the prohibition of stranger-socializing for under-16s could impact the user growth trajectories of newer social platforms. Parental groups have largely welcomed the move, citing the difficulty of monitoring children’s digital habits in an increasingly complex app ecosystem.

Penalties and Enforcement Mechanisms

The draft establishes a tiered penalty system for violations, as detailed in Articles 18 through 22.

  • Financial Fines: For serious violations, authorities can impose fines of up to 1 million RMB, or between one and ten times the illegal income generated.
  • Operational Sanctions: Non-compliant entities face the suspension of related business activities, shutdown of websites or applications, and even the revocation of business licenses.
  • Individual Accountability: Direct supervisors and responsible personnel can be personally fined between 10,000 and 100,000 RMB.

Broader Impact and Implications

The implementation of these provisions signals a paradigm shift in how digital childhood is managed. By moving the "Minor Mode" from a feature to a legal requirement integrated into hardware, China is creating one of the world’s most controlled digital environments for youth.

Technological Sovereignty and Safety: The focus on national identity verification services suggests a push toward a more unified, state-managed digital identity system. This enhances safety but also increases the state’s oversight of digital interactions.
Industry Reshaping: Tech companies will need to invest heavily in content curation and algorithmic redesign. The ban on stranger-socializing and virtual intimacy effectively closes off certain business models from the youth market entirely.
The Role of the Guardian: While the state is providing the tools, Article 17 emphasizes that parents remain the first line of defense. Guardians are encouraged to set a "family style" for internet use and actively guide their children in using the Minor Mode.

As the draft undergoes public consultation, the global tech community is watching closely. China’s approach—combining strict prohibitions with mandatory hardware-level integration—may serve as a blueprint or a cautionary tale for other nations struggling to balance the benefits of the digital age with the protection of the next generation. The 2026 effective date provides a buffer for the industry to adapt, but the direction of travel is clear: the era of unrestricted internet access for China’s youth is coming to a definitive end.

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