Provisions on Ensuring Minors’ Healthy and Safe Use of the Internet

The State Council of the People’s Republic of China, in coordination with the Cyberspace Administration of China (CAC), has released a comprehensive draft of the Provisions on Ensuring Minors’ Healthy and Safe Use of the Internet, marking a significant escalation in the nation’s efforts to regulate the digital lives of its youngest citizens. These draft regulations, set to take effect in 2026, represent a codified effort to harmonize existing statutes, including the Minor Protection Law, the Cybersecurity Law, and the Personal Information Protection Law (PIPL). The provisions aim to create a "clean" and "healthy" online environment by mandating rigorous "Minor Mode" standards across all digital platforms, from social media and gaming to generative artificial intelligence and smart hardware manufacturing.

A Comprehensive Framework for Digital Protection

The draft provisions establish a legal baseline for any entity providing internet services within the borders of the People’s Republic of China. This includes not only software developers and internet service providers (ISPs) but also manufacturers of smart terminal products and operators of application distribution platforms. Under the new rules, the "best interests of the minor" is elevated to a primary legal principle, requiring companies to scientifically evaluate the potential psychological and physical impact of their services on children before deployment.

Central to this framework is the requirement for "Minor Mode." While previous iterations of minor-specific interfaces were often voluntary or inconsistent across apps, these provisions mandate a unified, interoperable system. Smart hardware—such as smartphones, tablets, and smartwatches—must now include a "one-click" switch to activate Minor Mode across the entire device ecosystem. This integration ensures that once a parent activates the protection at the hardware level, all compliant applications automatically shift to age-appropriate content and usage limits.

Prohibited Services and Content Restrictions

The draft specifically outlines a "blacklist" of services that are strictly prohibited for minors. Article 4 of the provisions forbids platforms from providing "stranger-based" social networking services to children, with limited exceptions for minors over 16 who are legally considered self-supporting through their own labor. Furthermore, the regulations take a hard line against "virtual intimacy" services, such as simulated dating or "virtual companions," which have seen a surge in popularity through AI-driven chatbots and role-playing platforms.

Live streaming, a cornerstone of China’s digital economy, faces renewed scrutiny. The provisions explicitly forbid providing live broadcast hosting services to minors under the age of 16. For those between 16 and 18, platforms must obtain verified parental consent and perform rigorous identity checks before allowing them to broadcast. Additionally, any service that induces "addictive" behavior or encourages "irrational consumption"—such as excessive "tipping" of influencers or "pay-to-win" gaming mechanics—is strictly prohibited under the new guidelines.

Mandatory Minor Mode and AI Integration

For services that are permitted, the "Minor Mode" is no longer an optional feature but a structural requirement. This applies to:

• Online audio and video services.
• Social media platforms, including microblogs, forums, and private messaging groups.
• Online gaming services.
• Generative Artificial Intelligence (AI) services that could influence a minor’s cognitive development.

Article 11 stipulates that these modes must possess effective identification of harmful content, protect personal information, and provide tools for guardians to manage usage time and functional access. Notably, the inclusion of AI services highlights the government’s concern over the rapid deployment of Large Language Models (LLMs). The provisions require AI developers to ensure their models do not present content that could harm a minor’s mental health or provide inaccurate information that might mislead their development.

Chronology of China’s Minor Protection Regulations

The 2026 provisions are the culmination of a decade-long regulatory evolution aimed at curbing internet addiction and protecting youth from online harm:

• 2016-2018: Initial concerns regarding gaming addiction lead to the first "anti-addiction" systems in popular titles like Honor of Kings.
• 2019: The CAC introduces the first "Minor Mode" pilot program for short-video platforms like Douyin (TikTok) and Kuaishou.
• 2020: The National People’s Congress passes a major revision to the Minor Protection Law, adding a dedicated chapter on "Digital Protection."
• 2021: The "Three-Hour Rule" is implemented, restricting minors to just three hours of online gaming per week (one hour each on Friday, Saturday, and Sunday).
• 2023: The State Council publishes the Regulations on the Protection of Minors in Cyberspace, providing the administrative teeth to the 2020 law.
• 2024-2025: Draft provisions are refined to include hardware-level integration and AI ethics.
• 2026 (Planned): Full implementation of the Provisions on Ensuring Minors’ Healthy and Safe Use of the Internet.

Supporting Data: The Scale of the Challenge

The necessity of these regulations is underscored by data from the China Internet Network Information Center (CNNIC). As of late 2023, China’s minor internet user population exceeded 193 million, with an internet penetration rate among minors reaching 96.8%.

Key data points driving the regulatory surge include:

• Device Access: Over 65% of primary school students in China possess their own mobile devices, often with unsupervised access to the web.
• Content Exposure: A 2022 survey indicated that nearly 15% of minors reported encountering "cyberbullying" or "violent content" online.
• Economic Impact: The domestic gaming market, while restricted, still sees significant revenue from the "youth segment," prompting the government to limit "loot box" mechanics and "blind box" digital sales that target children.
• AI Adoption: Rapid growth in "AI homework helpers" has led to concerns regarding academic integrity and the exposure of children’s data to unregulated algorithms.

Enforcement, Penalties, and Corporate Responsibility

The draft provisions establish a tiered penalty system that places the burden of proof and prevention on the service providers. Article 18 mandates that violations regarding the provision of prohibited services or the failure to implement Minor Mode can result in fines of up to 1 million RMB. For platforms with significant illegal gains, fines can range from one to ten times the total revenue generated by the violation.

Beyond financial penalties, the government reserves the right to:

1. Order the suspension of specific business operations.
2. Shut down websites or mobile applications.
3. Revoke business licenses and telecommunications permits.
4. Hold individual executives and "directly responsible personnel" personally liable, with fines ranging from 10,000 to 100,000 RMB.

To ensure compliance, the CAC and provincial-level cyberspace departments will conduct annual audits of "filing materials." Large-scale platforms with "significant influence" over minor populations are required to submit regular impact assessment reports and maintain an ethical review board for their algorithms.

Stakeholder Reactions and Broader Implications

The announcement of the draft has elicited a range of responses from industry players and social advocates. Tech giants like Tencent, NetEase, and ByteDance have already begun pivoting toward "social responsibility" branding, emphasizing their existing parental control tools. However, industry analysts suggest that the hardware-level integration requirements will force a deeper level of cooperation between smartphone manufacturers (like Xiaomi, Huawei, and Apple) and app developers than ever before.

Education experts have largely welcomed the move, noting that the "one-click" hardware switch solves the problem of "app-hopping," where a child might be restricted on one app but find a loophole in another. Conversely, some digital rights observers express concern that the increased reliance on real-name verification and biometric "human-in-the-loop" checks (as mentioned in Article 6) could lead to an even more extensive collection of sensitive data on the nation’s youth, despite the provisions’ stated goal of protecting privacy.

Broader Impact on the Global Digital Landscape

China’s approach to minor protection is increasingly being viewed as a blueprint—or a cautionary tale—for other nations. As the United States debates the "Kids Online Safety Act" (KOSA) and the United Kingdom implements its "Age Appropriate Design Code," China’s move toward hardware-level mandatory "Minor Mode" represents the most interventionist digital parenting strategy globally.

The 2026 implementation date gives the tech industry a window to re-engineer their products. For global companies operating in China, this means developing China-specific versions of their operating systems and applications that can hook into the national identity verification systems.

In conclusion, the Provisions on Ensuring Minors’ Healthy and Safe Use of the Internet signify that the era of "self-regulation" for the tech industry regarding children’s safety is over in China. By mandating technical standards, restricting business models, and involving everyone from parents and schools to AI developers and hardware manufacturers, the Chinese government is attempting to build a comprehensive "walled garden" for the next generation. The success of this initiative will likely depend on the balance between rigorous enforcement and the ability of the industry to continue providing the "high-quality content" that the provisions encourage.