Zhongxin Finance, March 14th. The State Internet Information Office again publicly solicited opinions on the "Regulations on the Protection of Minors on the Internet (Draft for Comment)" on the 14th.
The full text is as follows:
In order to create a healthy, civilized and orderly network environment, protect the physical and mental health of minors, and protect the legitimate rights and interests of minors in cyberspace, in accordance with relevant legislative planning and arrangements, the Cyberspace Administration of China in the early stage drafted the "Network Protection for Minors" Regulations (Draft for Comments)” and public comments were solicited.
Since then, the Cyberspace Administration of China, together with the Ministry of Justice, based on the newly revised Law of the People's Republic of China on the Protection of Minors, the Law of the People's Republic of China on the Protection of Personal Information and other laws and feedback from the public, have made a decision on the Regulations on the Protection of Minors on the Internet ( Draft for Comments)” has been revised and improved.
In order to further promote scientific legislation, democratic legislation, and law-based legislation, and to improve the quality of legislation, we are now open for public comments again.
The public can provide feedback through the following channels and means:
1. Email comments to: law@cac.gov.cn.
2. Send your opinions by letter to: Cyber Law Bureau of the State Internet Information Office, No. 11 Chegongzhuang Street, Xicheng District, Beijing, 100044, and please indicate on the envelope "Consultation on the Internet Protection Regulations for Minors".
The deadline for feedback is April 13, 2022.
Attachment: 1. Regulations on the Protection of Minors on the Internet (Draft for Comments)
2. Explanation on the "Regulations on the Protection of Minors on the Internet (Draft for Comment)"
State Internet Information Office
March 14, 2022
Regulations on the Protection of Minors on the Internet (Draft for Comment)
Chapter 1 General Provisions
Article 1 In order to create a healthy, civilized and orderly network environment, protect the physical and mental health of minors, and protect the legitimate rights and interests of minors in cyberspace, in accordance with the Law of the People's Republic of China on the Protection of Minors and the Cybersecurity of the People's Republic of China The Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, and other laws, formulate these regulations.
Article 2 The network protection work for minors shall adhere to the principle that is most beneficial to minors, be guided by the core socialist values, adapt to minors' physical and mental development and the laws and characteristics of cyberspace, and implement social co-governance.
Article 3 The national cybersecurity and informatization department is responsible for coordinating and coordinating the online protection of minors, and does a good job in the protection of relevant minors online according to their duties.
The national press and publication department and the education, telecommunications, public security, civil affairs, culture and tourism, health, market supervision and management, radio and television and other relevant departments of the State Council shall do a good job in the protection of relevant minors on the Internet according to their respective responsibilities.
Relevant local departments at or above the county level shall, according to their respective responsibilities, do a good job in protecting the network of minors.
Article 4 The Communist Youth League, Women's Federation, Trade Union, Disabled People's Federation, Working Committee Concerning the Next Generation, Youth Federation, Student Federation, Young Pioneers and other people's organizations, relevant social organizations, and grass-roots mass self-governing organizations , should assist relevant departments to do a good job of protecting minors online, and safeguard the legitimate rights and interests of minors in cyberspace.
Article 5 Families, schools and other educational institutions shall educate and guide minors to participate in activities beneficial to their physical and mental health, use the Internet in a scientific, civilized, safe, and rational manner, and prevent and interfere with minors' addiction to the Internet.
Article 6 Network product and service providers, personal information processors, and manufacturers and sellers of smart terminal products shall abide by laws, regulations, respect social morality, abide by business ethics, be honest and trustworthy, perform online protection obligations for minors, and assume social responsibility. Responsibility.
Article 7 Network product and service providers, personal information processors, and manufacturers and sellers of smart terminal products shall accept government and social supervision, cooperate with relevant departments to implement supervision and inspections involving minors' network protection work in accordance with the law, and establish convenient, Reasonable and effective channels for complaints and reports, publicize the channels and methods of complaints and reports in a prominent way, and promptly accept and handle public complaints and reports.
Article 8 Any organization or individual who discovers violations of the provisions of these Regulations may file a complaint or report to relevant departments such as internet information, press and publication, education, telecommunications, public security, civil affairs, culture and tourism, health, market supervision and management, and radio and television.
The department that receives the complaint or report shall deal with it in a timely manner according to law; if it is not the responsibility of its own department, it shall be promptly transferred to the department that has the power to handle it.
Article 9 Network-related industry organizations shall strengthen industry self-discipline, formulate industry norms related to the protection of minors on the Internet, instruct members to fulfill their obligations to protect minors on the Internet, and strengthen network protection for minors.
Article 10 News media shall, through news reports, special columns (programs), public service advertisements, etc., carry out publicity on the legal system, policy measures, and relevant knowledge for the protection of minors on the Internet, and conduct public opinion supervision on acts that infringe upon the rights and interests of minors on the Internet. , and guide the whole society to participate in the protection of minors online.
Article 11 The state encourages and supports the strengthening of scientific research and personnel training in the field of juvenile network protection, and the development of international exchanges and cooperation.
Article 12: Organizations and individuals who have made outstanding contributions to the network protection of minors shall be commended and rewarded in accordance with relevant state regulations.
Chapter 2 Network Literacy Cultivation
Article 13 The education administrative department of the State Council shall include network literacy education into the content of school quality education, and work with the national network information department to formulate evaluation indicators for minors' network literacy.
Education administrative departments should guide and support schools to carry out online literacy education for minors, and cultivate minors' awareness of cybersecurity, centering on online morality awareness and code of conduct, online rule of law concepts and behavioral norms, online use capacity building, and personal and property safety protection, etc. Civilization literacy, behavior habits and protective skills.
Article 14 People's governments at or above the county level shall make scientific plans and rational layouts, strengthen the construction of public cultural facilities that provide public welfare Internet access services, improve the Internet access conditions for minors, and promote the balanced and coordinated development of public welfare Internet access services.
Local people's governments at or above the county level shall provide high-quality online literacy education courses for students by equipping primary and secondary schools with instructors with corresponding professional capabilities or by purchasing services from the government.
Article 15 Schools, communities, libraries, cultural centers, youth palaces and other places to provide Internet access service facilities for minors shall arrange for professionals, recruit volunteers, teachers, parents to participate, etc., as well as install a network for minors Protect software or take other security protection technical measures to provide minors with online guidance and a safe and healthy online environment.
Article 16 Schools shall incorporate content such as science, civilization, safety, and rational use of the Internet into education and teaching activities, and use the Internet to carry out teaching activities reasonably, establish and improve the management system for students to surf the Internet during school, and educate students on Internet literacy. Standardize the management of intelligent terminal products brought into the school by underage students, help students develop good Internet habits, cultivate students' awareness of network security, and enhance students' ability to obtain, analyze and judge network information.
Article 17 The guardians of minors shall actively learn network knowledge, improve their own network literacy, regulate their own network use behaviors, and strengthen the education, demonstration, guidance and supervision of minors' network use behaviors.
Article 18 The state encourages and supports Internet protection software, smart terminal products, youth models, and special areas for minors and other network technologies, products, and services that specifically target minors and adapt to the laws and characteristics of minors' physical and mental health development. Research and development, production and use, encourage the strengthening of the construction and transformation of the network barrier-free environment, and promote minors to broaden their horizons, improve their quality, cultivate their sentiments, and delight their minds and bodies.
Article 19 The online protection software for minors and the intelligent terminal products specially designed for minors shall have information that can effectively identify illegal information and information that may affect the physical and mental health of minors, protect the rights and interests of minors' personal information, and prevent minors Addicted to the Internet, it is convenient for guardians to perform guardianship duties and other functions.
The national cybersecurity and informatization department, together with the relevant departments of the State Council, according to the needs of minors' network protection work, clarify the relevant technical standards or requirements for minors' online protection software and intelligent terminal products specially designed for minors, and guide relevant industry organizations to protect minors. Evaluate the use effect of Internet protection software and intelligent terminal products specially designed for minors, and announce the evaluation results to the public.
Manufacturers of smart terminal products shall install minors' Internet protection software before the products leave the factory, or notify users of installation channels and methods in a prominent way.
Smart terminal product sellers shall, prior to product sales, inform users of the installation of minors' Internet protection software, as well as installation channels and methods, in a prominent manner.
The guardians of minors shall reasonably use and instruct minors to use Internet protection software, intelligent terminal products, etc., to create a good family environment for network use.
Article 20 Important Internet platform service providers with a huge number of minor users and significant influence among minors shall perform the following obligations:
(1) In the design, research and development, operation and other stages of Internet platform services, fully consider the characteristics of minors' physical and mental health development, and regularly conduct cyber protection impact assessments for minors;
(2) Provide a youth model or a special area for minors, etc., to facilitate minors to obtain products or services on the platform that are beneficial to their physical and mental health;
(3) Establish and improve the compliance system for minors' online protection in accordance with national regulations, and establish an independent organization mainly composed of external members to supervise the online protection of minors;
(4) Follow the principles of openness, fairness and impartiality, formulate special platform rules, clarify the online protection obligations of minors of product or service providers on the platform, and remind minor users in a prominent way of their legal rights to network protection and Remedies for cyber-infringements;
(5) Stop providing services for product or service providers on the platform that seriously violate laws and administrative regulations, infringe upon the physical and mental health of minors, or infringe upon minors' other legitimate rights and interests;
(6) Publish a special report on the social responsibility of minors online protection every year, and accept social supervision through public comments and other methods.
Chapter III Network Information Content Specification
Article 21 The state encourages and supports the promotion of socialist core values and excellent traditional Chinese culture, cultivating minors' national feelings and good morals, enhancing innovation awareness and ability, developing good living habits and behavior habits, and improving safety awareness and skills Create, copy, publish, and disseminate online information, and create a clear cyberspace and a good online ecosystem that are conducive to the healthy growth of minors.
Article 22 It is prohibited to use the Internet to produce, reproduce, publish, and disseminate information that contains content that harms the physical and mental health of minors.
It is forbidden to send information to minors that contains content that is harmful or may affect the physical and mental health of minors.
Article 23 Prohibits the production, reproduction, publication, dissemination or possession of obscene and pornographic online information about minors.
It is prohibited to deceive or force minors to produce, copy, publish, or disseminate text, pictures, audio and video that may expose their personal privacy, and must not deceive or force minors to watch obscene and pornographic online information.
Article 24 Where online products and services contain information that may cause or induce minors to imitate unsafe behaviors, conduct behaviors that violate social morality, generate bad emotions, develop bad habits, etc. that may affect the physical and mental health of minors, make Organizations and individuals that reproduce, publish, and disseminate the information should give a prominent reminder before the information is displayed.
Article 25 The national cybersecurity and informatization department, in conjunction with the national press and publication, film department, and the education, telecommunications, public security, culture and tourism, radio and television departments of the State Council, shall determine, on the basis of the provisions of Article 24 of these Regulations, that minors may be affected The specific types, scope, judging criteria and prompting methods of physical and mental health information.
Article 26 No organization or individual may produce, reproduce, publish, or disseminate the information specified in Article 24 of these Regulations that may affect the physical and mental health of minors in online products and services that specifically target minors.
Providers of online products and services shall not present information that may affect the physical and mental health of minors as provided for in Article 24 of these Regulations in key links such as hot searches on the first screen of the homepage that are in a prominent position in the product or service and are likely to attract users' attention.
Article 27 No organization or individual may conduct cyberbullying acts such as insulting, slandering, threatening or maliciously damaging the image of minors through the Internet in the form of text, pictures, audio and video.
Online product and service providers shall set up functions and channels that facilitate minors and their guardians to preserve evidence of cyberbullying and exercise their right to notify.
Minors who suffer cyberbullying and their guardians have the right to notify network product and service providers to take necessary measures such as deleting, blocking, disconnecting, restricting account functions, and closing accounts.
After receiving the notice, network product and service providers shall take necessary measures to stop it and prevent the spread of information.
Article 28 No organization or individual may use the Internet to organize, coerce, induce, instigate, deceive, or help minors to commit bad behavior, serious bad behavior, or illegal and criminal behavior.
Article 29 Online education network products and services targeting minors shall conform to the physical and mental development characteristics and cognitive abilities of minors of different ages.
Providers of online education network products and services targeting minors shall abide by the relevant standards and systems for institutional setup, personnel qualification, and fee-charging supervision formulated by the education administrative department in conjunction with relevant departments, and reasonably set the time period, duration, and content in accordance with the regulations, and shall not. Insert online game links, and do not push advertisements and other information unrelated to teaching.
Article 30 Network product and service providers shall strengthen the management of information released by users, and take effective measures to prevent violations of Articles 22, 23, 26, and 27 of these Regulations The production, reproduction, publication, and dissemination of information stipulated in paragraph 1, Article 28, and paragraph 2 of Article 29, and if any information that violates the above-mentioned provisions of these Regulations is found, the transmission of relevant information shall be stopped immediately, and deletion, Disposal measures such as shielding and disconnecting links shall be taken to prevent the spread of information, keep relevant records, and report to the Internet Information, Public Security and other departments.
If the network product and service provider finds that the user publishes the information that may affect the physical and mental health of minors as stipulated in Article 24 of these Regulations without giving notice, it shall give a notice or notify the user to give a notice; information.
Article 31 News media shall objectively, prudently and moderately report on incidents involving minors, and shall not publicize corporal punishment of minors, insulting the dignity of minors, and minors' illegal crimes through the Internet, and shall not disclose through the Internet The names, addresses, photos, and other information that may identify the true identity of the minor.
Article 32 The State Internet Information Department, the press and publication department, and the relevant departments of the State Council find violations of Articles 22, 23, 26, 27, paragraph 1, and 20 of these Regulations If the information specified in Article 8 or the second paragraph of Article 29 is found, and the information specified in Article 24 of these Regulations is not clearly indicated, the network product and service providers shall be required to stop transmission, and shall be deleted, blocked, or deleted according to law. Disposal measures such as disconnection of links shall be taken, and relevant records shall be kept; for the above-mentioned information originating from abroad, relevant institutions shall be notified to take technical measures and other necessary measures to block the spread.
Chapter 4 Personal Information Protection
Article 33 When network service providers provide information publishing, instant messaging and other services for minors, they shall require the minors or their guardians to provide the minors' true identity information when confirming the provision of services.
Where minors or their guardians do not provide the real identity information of minors, network service providers shall not provide relevant services for minors.
Online live broadcast service providers shall not provide online live broadcast publisher account registration services for minors under the age of sixteen; if they provide online live broadcast publisher account registration services for minors over the age of sixteen, their identity information shall be verified. certified with the consent of their guardian.
Online live broadcast service providers shall establish a dynamic verification mechanism for the real identity information of online live broadcast publishers, and shall not provide live broadcast publishing services for those who do not meet the provisions of the preceding paragraph.
Article 34 When personal information processors process the personal information of minors through the Internet, they shall follow the principles of legality, legitimacy, necessity and good faith, disclose special processing rules, expressly state the purpose, method and scope of processing, and inform legal, related matters stipulated by administrative regulations.
Article 35 Personal information processors processing the personal information of minors under the age of fourteen based on personal consent shall obtain the consent of the minor's guardian.
If the purpose of processing the personal information of minors, the method of processing and the type of personal information processed are changed, the personal information processor shall obtain consent again in accordance with the law.
Article 36 Personal information processors shall strictly abide by the relevant provisions on the scope of necessary personal information, and shall not force minors or their guardians to agree to non-essential personal information processing for any reason, and shall not use minors or their guardians because they do not Agree to the processing of their non-essential personal information or withdraw consent, and refuse minors to use its basic functions and services.
Article 37 Where personal information processors process sensitive personal information of minors, they shall have specific purposes and sufficient necessity, and take strict protection measures; conduct an impact assessment on personal information protection in advance and record the processing situation; Inform about the necessity of processing sensitive personal information and the impact on individual rights and obtain individual consent.
The personal information protection impact assessment reports and processing records specified in the preceding paragraph shall be kept for at least three years.
Article 38 In principle, personal information processors shall not provide the personal information of minors that they process to others, and if it is really necessary to provide them to others, they shall conduct a personal information protection impact assessment in advance, and inform the minors or their guardians in accordance with the law The recipient's name or name, contact information, processing purpose, processing method and type of personal information, and obtain separate consent.
The recipient shall process the personal information of minors within the scope of the above-mentioned processing purposes, processing methods and types of personal information.
If the receiving party changes the original processing purpose and processing method, it shall obtain consent again in accordance with the law.
Article 39 The guardians of minors shall correctly perform their guardianship duties, educate and guide minors to enhance their awareness and ability to protect personal information, instruct minors to exercise their rights in personal information processing activities, and protect minors Personal Information Rights.
Article 40: Personal information processors shall promptly handle requests made by minors or their guardians to view, copy, transfer, correct, supplement or delete minors' personal information in accordance with the law.
Article 41 In the event of or possible leakage, tampering or loss of minors' personal information, the personal information processor shall immediately initiate a personal information security incident emergency plan, take remedial measures, and report to the cybersecurity and informatization department and relevant departments in a timely manner in accordance with regulations , and notify the affected minors and their guardians of the incident by email, letter, telephone, push notification, etc. If it is difficult to inform them one by one, a reasonable and effective method should be used to timely release relevant warning information.
Article 42: Personal information handlers should follow the principle of least authorization to their staff, strictly set information access rights, and control the scope of minors' personal information knowledge.
When staff access the personal information of minors, they shall be approved by the relevant person in charge or their authorized managers, record the access, and take technical measures to avoid illegal processing of the personal information of minors.
Article 43 When network service providers discover that private information of minors or personal information released by minors through the Internet involves private information, they shall promptly notify them, and take necessary protection measures such as stopping transmission to prevent the spread of information.
Article 44 Personal information processors shall conduct annual compliance audits on their compliance with laws, administrative regulations and relevant state regulations in handling minors' personal information by themselves or by entrusting professional institutions.
Article 45: Cybersecurity and informatization departments and relevant departments and their staff shall keep the personal information of minors that they learn in the performance of their duties strictly confidential, and shall not disclose or illegally provide it to others.
Chapter 5 Prevention and Treatment of Internet Addiction
Article 46: Prevention and intervention of minors' addiction to the Internet shall abide by laws, administrative regulations and relevant state regulations.
It is strictly prohibited for any organization or individual to interfere with minors' addiction to the Internet and infringe upon the legitimate rights and interests of minors by infringing the physical and mental health of minors.
Departments of health, education, market supervision and management, and other departments shall supervise and manage institutions engaged in the prevention and intervention activities of minors addicted to the Internet according to their respective responsibilities.
Article 47 Schools should strengthen the guidance and training of teachers, and improve teachers' ability to identify and intervene in the early stages of underage students addicted to the Internet.
For minor students who tend to be addicted to the Internet, the school shall promptly notify their guardians, jointly educate and guide the minor students, and help them return to normal learning and life.
Article 48 The guardians of minors shall supervise the safe and reasonable use of the Internet by the minors, pay attention to the minors' Internet access and related physiological conditions, psychological conditions, and behavioral habits, and prevent the minors from contacting harmful or potentially affecting their physical and mental health. Internet information, reasonably arrange the time for minors to use the Internet, and prevent and intervene minors from being addicted to the Internet.
Article 49 Providers of network products and services shall establish and improve anti-addiction systems, shall not provide minors with products and services that induce their addiction, promptly revise content, functions or rules that may cause minors to become addicted, and regularly report to minors. The society announces the anti-addiction work situation.
Article 50 Network service providers such as online games, online live broadcasts, online audio and video, and online social networking shall set up a youth mode for minors to use their services, and follow relevant national regulations and standards in terms of use time, duration, functions and content. Provide services and provide time management, authority management, consumption management and other functions for guardians to perform guardianship duties.
Article 51 Online service providers such as online games, online live broadcasts, online audio and video, and online social networking shall take measures to reasonably limit the single consumption amount and the single-day cumulative consumption amount of minors in the use of online products and services. Paid services that are inconsistent with their civil capacity shall not be provided to minors.
Article 52 Network service providers such as online games, online live broadcasts, online audio and video, and online social networking shall take measures to prevent and resist bad value tendencies such as traffic first, and shall not set up fund-raising, voting, or swiping to control evaluation. Communities and groups with the theme of such as such, shall not induce minors to participate in online activities such as fundraising, voting, and review, and prevent and stop their users from inducing minors to carry out the above-mentioned behaviors.
Article 53 Online game service providers shall require minor users to provide real identity information for registration and login use, and verify their real identity information through necessary means such as the unified minor online game electronic identity authentication system established by the state.
For minor users who do not provide real identity information for registration and login, online game service providers shall not provide services for them; if they have already provided services, they shall immediately terminate the services and cancel their accounts.
Article 54 Online game service providers shall establish and improve game rules to prevent minors from being addicted to online games, and prevent minors from contacting game content or game functions that may affect their physical and mental health.
Online game service providers shall implement the age-appropriate reminder standards, classify game products according to the physical and mental development characteristics of minors at different ages, and evaluate the types, contents, functions and other elements of game products, and identify the minors suitable for game products. The age stage of the user, and prominent prompts in the user download, registration, login interface and other positions.
Article 55 The national press and publication, network information department, and the education, culture and tourism, health and other departments of the State Council shall regularly carry out publicity and education on preventing minors from being addicted to the Internet, and supervise and inspect network product and service providers to fulfill their obligations to prevent minors from becoming addicted to the Internet. Obligation to indulge in the Internet, guide families, schools, and social organizations to cooperate with each other, and take scientific and reasonable methods to prevent and intervene in minors addicted to the Internet.
The national press and publication department takes the lead in organizing the prevention and control of minors' addiction to online games, and formulates administrative regulations on the time period, duration, and consumption limit for providing online game services to minors in conjunction with relevant departments.
第五十六条 卫生健康、教育等部门依据各自职责依托有关医疗卫生机构、高等学校等，开展未成年人沉迷网络所致精神障碍和心理行为问题的基础研究和筛查评估、诊断、预防、干预等应用研究。
第六章 法律责任
第五十七条 地方各级人民政府和县级以上有关部门违反本条例规定，不履行未成年人网络保护职责的，由其上级机关责令改正；拒不改正或者情节严重的，对直接负责的主管人员和其他直接责任人员依法给予处分。
第五十八条 学校、社区、图书馆、文化馆、青少年宫等违反本条例规定，不履行未成年人网络保护职责的，由县级以上教育、民政、文化和旅游等部门依据各自职责责令改正；拒不改正或者情节严重的，对直接负责的主管人员和其他直接责任人员依法给予处分。
第五十九条 未成年人的监护人不履行本条例规定的监护职责或者侵犯未成年人合法权益的，由未成年人居住地的居民委员会、村民委员会、妇女联合会，监护人所在单位，中小学校、幼儿园等有关密切接触未成年人的单位依法予以批评教育、劝诫制止、督促其接受家庭教育指导等。
第六十条 违反本条例第七条规定的，由县级以上网信、新闻出版、教育、电信、公安、民政、文化和旅游、市场监督管理、广播电视等部门依据各自职责责令改正；拒不改正或者情节严重的，处5万元以上50万元以下罚款，对直接负责的主管人员和其他直接责任人员，处1万元以上10万元以下罚款。
第六十一条 违反本条例第十九条第三款、第二十二条、第二十四条、第二十六条规定的，由县级以上网信、新闻出版、电信、公安、民政、文化和旅游、市场监督管理、广播电视等部门依据各自职责责令限期改正，给予警告，没收违法所得，可以并处10万元以下罚款；拒不改正或者情节严重的，责令暂停相关业务、停产停业或者吊销营业执照、吊销相关许可证，违法所得100万元以上的，并处违法所得1倍以上10倍以下的罚款，没有违法所得或者违法所得不足100万元的，并处10万元以上100万元以下罚款。
第六十二条 违反本条例第二十条、第三十四条至第三十八条、第四十条至第四十四条规定的，由县级以上网信等部门依据各自职责责令改正，给予警告，没收违法所得；拒不改正的，并处100万元以下罚款；对直接负责的主管人员和其他直接责任人员处1万元以上10万元以下罚款。
有前款规定的违法行为，情节严重的，由省级以上网信部门和有关部门责令改正，没收违法所得，并处5000万元以下或者上一年度营业额百分之五以下罚款，并可以责令暂停相关业务、停业整顿、通报有关部门依法吊销相关业务许可或者吊销营业执照；对直接负责的主管人员和其他直接责任人员处10万元以上100万元以下罚款，并可以决定禁止其在一定期限内担任相关企业的董事、监事、高级管理人员和未成年人保护负责人。
第六十三条 违反本条例第二十七条、第二十九条第二款、第三十条、第三十三条、第四十九条至第五十四条规定的，由公安、网信、电信、新闻出版、广播电视、文化和旅游等有关部门依据各自职责责令改正，给予警告，没收违法所得，违法所得100万元以上的，并处违法所得1倍以上10倍以下罚款，没有违法所得的或者违法所得不足100万元的，并处10万元以上100万元以下罚款，对直接负责的主管人员和其他直接责任人员处1万元以上10万元以下罚款；拒不改正或者情节严重的，并可以责令暂停相关业务、停业整顿、关闭网站、吊销营业执照或者吊销相关许可证。
第六十四条 网络产品和服务提供者违反本条例规定，受到关闭网站、吊销相关业务许可证或者吊销营业执照处罚的，5年内不得重新申请相关许可，其直接负责的主管人员和其他直接责任人员5年内不得从事同类网络产品和服务业务。
第六十五条 违反本条例规定，侵犯未成年人合法权益，给未成年人造成损害的，依法承担民事责任；构成违反治安管理行为的，依法给予治安管理处罚；构成犯罪的，依法追究刑事责任。
第七章 附则
第六十六条 本条例所称智能终端产品，是指可以接入网络、具有操作系统、能够由用户自行安装应用软件的手机、计算机等网络终端产品。
第六十七条 本条例自 年 月 日起施行。
关于《未成年人网络保护条例(征求意见稿)》的说明
一、立法必要性
近年来，随着互联网的普及应用，特别是移动互联网迅速发展，越来越多的未成年人开始接触和使用互联网。据统计，2020年我国未成年网民规模已达1.83亿，未成年人的互联网普及率达到94.9%，明显高于同期全国人口70.4%的互联网普及率。互联网在拓展未成年人学习、生活空间的同时，也带来了一些问题，如未成年人安全合理使用网络的意识和能力不强、网上违法和不良信息影响未成年人身心健康、未成年人个人信息被滥采滥用、一些未成年人沉迷网络等，亟待通过立法加以解决。
习近平总书记指出，我们要本着对社会负责、对人民负责的态度，依法加强网络空间治理，加强网络内容建设，为广大网民特别是青少年营造一个风清气正的网络空间。党中央、国务院高度重视未成年人网络保护工作，有关文件多次提出要制定未成年人网络保护条例，国务院也多次将制定未成年人网络保护条例列入立法工作计划。
二、起草过程
根据党和国家关于未成年人网络保护和网信事业发展的决策部署，按照有关立法规划计划安排，国家互联网信息办公室会同司法部起草了《未成年人网络保护条例(征求意见稿)》。在此期间，国家互联网信息办公室、司法部先后向社会公开征求意见，多次大范围征求中央有关单位、部分地方政府和有关企业、行业协会和专家的意见，多次召开会议听取有关部门、企业、学校、家长和专家学者的意见；赴地方进行实地调研；根据未成年人保护法、预防未成年人犯罪法、个人信息保护法、家庭教育促进法等相关法律制定修订进展，反复研究完善，形成了目前的征求意见稿。
三、主要内容
征求意见稿共七章六十七条，主要内容包括：
(一)关于加强未成年人网络素养培育
针对一些未成年人网络素养需要提高，科学、文明、安全、合理使用网络能力不强的问题，征求意见稿规定：一是将网络素养教育纳入学校素质教育内容，制定未成年人网络素养测评指标(第十三条)。二是改善未成年人上网条件，通过配备指导教师或者政府购买服务等方式提供优质的网络素养教育课程(第十四条)。三是明确为未成年人提供互联网上网服务设施的有关场所应当履行的未成年人网络保护义务，以及未成年人上网保护软件、专门供未成年人使用的智能终端产品应当具有的功能(第十五条、第十九条)。四是强化学校、监护人的网络素养教育责任，建立健全学生在校上网管理制度，加强监护人对未成年人使用网络行为的引导和监督(第十六条、第十七条)。五是鼓励和支持专门以未成年人为服务对象、适应未成年人身心健康发展规律和特点的网络技术、产品和服务的研发、生产和使用(第十八条)。六是强化重要互联网平台服务提供者在未成年人网络保护中的责任，并设置专门义务(第二十条)。
(二)关于加强网络信息内容规范
针对网上违法和不良信息影响未成年人身心健康、网络欺凌事件屡有发生、不法分子利用网络诱导未成年人违法犯罪等问题，征求意见稿规定：一是鼓励和支持有利于未成年人健康成长的网络信息的制作、复制、发布、传播(第二十一条)。二是加强对信息内容的管理，对含有危害未成年人身心健康内容的信息和可能影响未成年人身心健康的信息作出相应规范，明确网络产品和服务提供者发现相关信息的处置措施和报告义务(第二十二条至第二十四条、第二十六条、第三十条)。三是禁止对未成年人实施网络欺凌行为，保障未成年人及其监护人行使通知权利(第二十七条)。四是禁止利用网络组织、胁迫、引诱、教唆、欺骗和帮助未成年人实施不良行为、严重不良行为或者违法犯罪行为(第二十八条)。五是要求以未成年人为服务对象的在线教育网络产品和服务符合未成年人的身心发展特点和认知能力(第二十九条)。六是明确新闻媒体的未成年人保护义务，要求客观、审慎和适度采访报道涉及未成年人事件(第三十一条)。
(3) About strengthening the protection of minors' personal information
In response to issues such as indiscriminate collection and abuse of minors' personal information, and insufficient protection, the draft for comments clarifies: First, clarify the requirements for network service providers to collect the true identity information of minors (Article 33).
The second is to stipulate the basic principles, informed consent, notification rules and provision rules for personal information processors to handle minors’ personal information (Articles 34 to 36 and 38).
The third is to stipulate the special obligations that personal information processors need to perform when handling sensitive personal information of minors (Article 37).
The fourth is to clarify the guardian's responsibility for guardianship in the protection of minors' personal information (Article 39).
Fifth, clarify the cooperation obligations of personal information processors, requirements for emergency response to security incidents, restrictions on access rights to minors’ personal information, and requirements for compliance auditing of personal information (Articles 40 to 42 and 44) .
Sixth, strengthen the protection of minors' private information.
(Article 43).
(4) About strengthening the prevention and control of minors' Internet addiction
For some minors who are addicted to online games, online live broadcasts, online audio and video and other online products and services, minors' irrational online consumption, participating in "fan circle" chaos, and "Internet addiction treatment institutions" infringing on the physical and mental health of minors and other issues, the draft for comments stipulates: First, it is strictly forbidden to interfere with minors’ Internet addiction in a way that infringes upon the physical and mental health of minors (Article 46).
The second is to strengthen the prevention and intervention of minors who are addicted to the Internet by schools and guardians, improve teachers’ ability to identify and intervene in the early stages of minors addicted to the Internet, and strengthen guardians’ supervision of minors’ safe and reasonable use of the Internet (Article 47 , Article 48).
The third is to clarify platform responsibilities and obligations, requiring relevant entities to establish and improve anti-addiction systems, reasonably restrict the consumption behavior of minors, and take measures to prevent and resist bad value trends such as traffic first (Articles 49 to 52).
Fourth, improve the regulations on the real-name system for online games, establish game rules to prevent minors from indulging in online games, classify game products and give age-appropriate reminders (Articles 53 and 54).
Fifth, clarify the responsibilities of relevant state departments in the prevention and control of minors' Internet addiction (Articles 55 and 56).
In addition, the consultation draft also stipulates corresponding legal responsibilities for relevant illegal acts (Chapter VI).