The Ministry of Culture officially promulgated the interim measures on management of online games

Absrtact: June 22 News, this morning, the Ministry of Culture officially promulgated the "Network game Management Interim measures" (hereinafter referred to as the "method"), the "method" will be formally implemented on August 1. This is the first of our country specifically for the management and regulation of online games

June 22 News, this morning, the Ministry of Culture officially promulgated the "Network game Management Interim measures" (hereinafter referred to as "measures"), the "method" will be formally implemented on August 1. This is the first of our country specifically for the management and regulation of online games, and the first time the real name of online game players to register the relevant legislation.

Today 10 o'clock in the morning, the Ministry of Culture held a press conference to formally introduce the media of "online game management interim measures". According to the introduction, the "method" for the first time systematically on the network game entertainment content, market subjects, business activities, operational behavior, management supervision and legal liability to make clear provisions, a total of six chapters 39.

The Ministry of Culture has established the basic principle of engaging in the network game activity, has defined the application scope and "The Network Game", "the Network game on-line operation", "the net game fictitious currency" and so on the concept, simultaneously has made the system arrangement to the network game Content management, the minor protection, the management behavior

The "method" requires that the online game enterprises should require the player to use a valid ID card for real name registration, and save the user registration information. The network game terminates the operation or the transfer operation right, the enterprise should announce 60 days in advance.

It is noteworthy that the Ministry of Culture also requires: online gaming Enterprises "must not set up without the consent of the users of the game, no random sampling and other accidental means, to induce online game users to take into the legal currency or online game virtual currency to obtain online game products and services." This regulation or to the current online game industry props sales impact.

The Ministry of Culture also said that the "Network Culture Business license" approval authority under the State Council Cultural Administration Department decentralized to provincial cultural administration departments, "by the relevant departments before the approval of the online game publications, the State Council Cultural Administration department no longer repeat the review, allowing its internet operation."

For the network game Enterprise that publishes the virtual currency of the network game, the method requires that the use of the virtual currency of the online game is limited to the exchange of the online game products and services provided by the users, and not to the purpose of maliciously occupying the money prepaid by the user. Save online game users for more than 180 The type, price and total amount of the virtual currency of the network game shall be submitted to the provincial Culture Administrative Department of the registered place for the record.

For online game virtual currency trading service enterprises, the "method" requires that they should not provide transaction services for minors, and not for uncensored or filed online games. Just yesterday, the central bank announced the "non-financial institutions to pay services management measures" also has a strict regulation of the network payment industry.

"Interim measures for the management of online games" essentials:

First, the network game refers to by the software program and the information data constitutes, through the Internet, the mobile communication network and so on Information network provides the game product and the service, its manifestation mainly includes in the client, the Web browser and other terminal form running various network games.

Network game online operation refers to the business behavior of providing game products and services to the public through information network, using user system or charging system.

Third, the network game virtual currency refers to by the network game operating unit to issue, the network game user uses the legal currency according to a certain proportion direct or the indirect purchase, exists in the game program, by the electromagnetic record way stored in the server, and uses the specific digital unit performance the fictitious Exchange tool.

The approval authority of the "Network Culture Business License" shall be delegated by the Cultural Administrative Department of the State Council to the provincial Culture Administration department.

V. the "method" stipulates that "the online game publication approved by the relevant departments, the Cultural Administration Department of the State Council no longer carries out repeated reviews, allowing them to operate on the Internet".

Six, not to set up without the consent of the network game users of the mandatory war, not random sampling and other accidental way, to induce network game users to take into the legal currency or online game virtual currency to obtain online game products and services.

Seven, the request network game user to use the valid ID card to carry on the real name registration.

Viii. the termination of the operation of network games, or the transfer of the right to operate the network game, should be announced 60 days in advance, and properly handle the user has not yet used online game virtual currency and not expired game services.

In accordance with the provisions of the State to adopt technical and management measures to ensure the security of network information, the protection of State secrets, trade secrets and user personal information.

The Ministry of Culture issued "online game management interim measures" live text record:

Deputy Inspector of Ministry of Culture, moderator Chen Xianghong:

Everyone has no friends, everybody good morning! Thank you very much for your media friends came to the Ministry of Culture, to participate in the "Network game management interim measures" news. First of all, please allow me to introduce to you the leaders of the Ministry of Culture: Director of Cultural Marketing Department, Ministry of Culture and Cultural marketing, director of the network Culture department, Daiju, director of the Department of Policy and regulation of the Ministry of Xiong, Jianhua, director of the Ministry of Culture and Cultural marketing, deputy director of With the rapid development of Internet in China, the network game has become a new and very important network culture, the management of network games is also widely concerned by the community. The Ministry of Culture, as the competent department of online games, issued the interim measures for the administration of online games in the form of Ministry of Culture Decree of June 3 this year. This is China's first dedicated to the management and regulation of online games, following the Ministry of Culture and marketing department director Xiong to the press friends to introduce the "Network game management interim measures" related.

Xiong, director of Cultural Marketing Department of Ministry of Culture:

Dear Friends of the press, Hello! Thank you for coming to today's press conference. Below I on the "online game management interim measures" to make the relevant situation and the next step of the work arrangements to introduce you.

First, why should the establishment of "online game management interim measures"

As a new form of entertainment, the network game has caused a series of social problems at the same time in recent years, and it has become the focus of high attention of the leaders and the attention of the society and the news media.

At present, the problem of network game is outstanding in the network game become a fan, the content of network game and network game user rights and interests safeguard etc. There are two main reasons for these problems: on the one hand, because of social culture and other deep-seated contradictions, the specific performance in three aspects: first, the network game enterprises to pursue the nature of economic interests and network game products of cultural and social attributes of the contradictions between. The second is the contradiction between the social nature of the network game and the particularity of the minority audience. The third is the fast development of the network game and the contradiction of the relative lag of social cognition. On the other hand, because of the objective existence of social demand, these demands include the demand caused by the lack of communication in the modern society, the demand of the public for the low cultural entertainment products, the demand of social life pressure and the demand of self-value.

To solve these problems, the Ministry of Culture, as the competent department of network Games, has done a lot of work in the market management such as subject admittance, content management, operation Standard and industry self-discipline. In the past year, the Ministry of Culture has done the following work: first, strengthen content management, require network game operators to establish self-discipline mechanism, improve the rules of the game, adjust product structure, enhance cultural connotations. The second is to strengthen the virtual currency management of online games, and standardize the distribution, use and transaction of virtual currency of online games from the angle of administration. The third is to guide the implementation of the network game minors Parental Care Project, parents for minors to implement the regulation of online games, while also strengthening the social responsibility of online gaming enterprises.

Four is to guide the first batch of more than 30 web games set up Industry Self-Reliance Alliance, and actively guide the industry self-discipline, to achieve self-discipline and the organic combination of his law. Five is to guide Shanghai, Beijing two places to carry out network game products "age-appropriate" project pilot work. Six is the United Ministry of Education, League released minors online games expert opinion, guide minors to play healthy games, healthy play games. The implementation of these management measures to solve the current network game industry outstanding problems, has been the central leadership and the high degree of community recognition. However, simply relying on normative documents and institutional measures can not meet the needs of network game industry management, in order to improve the legislative level, facing the new problems in the management of network games, government departments should be legal, administrative and management in place. Based on these circumstances, the Ministry of Culture has initiated the development of the approach.

In the drafting process, the Ministry of Culture in strict accordance with the State Council on the issuance of the main responsibilities of the Ministry of Culture and the establishment of the provisions of the regulations, "the Central Office of the Ministry of Culture, SARFT, Press and publication of the" three-set "provisions on animation, network games and cultural market law The decision of the Standing Committee of the National People's Congress on the maintenance of Internet security, the Internet Information Service management measures, regulations on the enactment of procedures and other laws and regulations, carried out in-depth legislative investigation and demonstration, and according to the "Open door legislation" requirements, widely solicited and absorbed the National People's Congress, UNESCO, Central Civilization Office, central Office, the Information Office of the State Council, the State Council's Legal Office, the Ministry of Public Security, the Ministry of Industry and Commerce, the People's Bank of China, the Press and publication administration, and other relevant departments, network game operators, online game content review experts, the legal profession and so on all aspects of opinions and suggestions, dozens of

June 3, 2010, the Ministry of Culture, Minister of Cai formally issued the "method", August 1 formally implemented. "Interim measures for the management of online games" is the first department regulation for the management of network games in China, which will play a positive role in the healthy development of Chinese online games.

Second, the establishment of "Network game management interim measures" to follow the basic principles

The Ministry of Culture, in the process of formulating the measures, guided by the scientific concept of development, in accordance with the overall, coordinated and sustainable basic requirements, carefully comb the various problems of network games, meticulous study of the interests of all interested parties, established the basic principles of network game activities: that engaged in online game activities should be "abide by the Constitution, law, Administrative regulations, adhere to the priority of social benefits, protect minors first, carry forward the development of the Times and social progress of the ideological and cultural norms, promote all-round development and social harmony ", to" follow the principles conducive to the protection of public health and appropriate games, the legal rights and interests of users of online games.

At the same time, "the State encourages research and development, the operation of the promotion of excellent national culture, content healthy, entertaining online game." The above basic principle is not only the foothold and starting point of government management, but also the minimum requirement of network game activities. Only by following this basic principle, can the network game market be regulated and the network game industry develop healthily.

Third, the "Network game management interim measures" and the relevant concepts and scope of application

Defining the relevant concepts and determining the scope of application are the basic requirements for the formulation of laws and regulations. "Method" on the network games, network games online operation, online game virtual currency and other related concepts have been clarified. The network game is refers to by the software program and the information data constitutes, through the Internet, the mobile communication network and so on Information network provides the game product and the service, its manifestation mainly includes in the client, the Web browser and other terminal form running various network games.

Internet game online operation refers to the business behavior of providing game products and services to the public through information network, using user system or charging system. NET game virtual currency refers to by the network game operating unit issue, the network game user uses the legal currency according to a certain proportion direct or the indirect purchase, exists in the game program, in the electromagnetic record way stored in the server, and displays in the specific digital unit the fictitious Exchange tool. For the administration according to law, realize the whole chain management of the network game industry, the application scope of the method to the management is clear.

will be engaged in network games online operation, online games, virtual currency distribution, online games virtual currency trading services, network game development and production of the form of business activities are clearly included in the management, but only to engage in the first three types of online games operating activities of the Unit implementation of the subject license management. At the same time, in order to further decentralization and strengthen the macro-management function of the Ministry of Culture, the "method" stipulates that the permission of the "Network Culture Business License" shall be delegated to the Provincial Culture Administration Department by the Cultural Administrative Department of the State Council

Iv. specific institutional arrangements for the interim measures for the management of online games

"Method" for the first time systematically on the entertainment content of online games, market subjects, business activities, operational behavior, management supervision and legal liability to make clear provisions, a total of six chapters 39. The method not only solidified the previous effective management system of the Ministry of Culture at the level of law, but also refined the management measures for the prominent problems appearing at the present stage of the online game market, and strengthened the operability and implementation of the policy.

One is to further strengthen the network game content management. The network game is different from the general static culture product, its interaction, creativity, participation makes the network game present the "fictitious society" all characteristics, affects the user's outlook on life, world view, value. Therefore, the enhancement content management is the network game management work important link. It is the basic system of content management to implement import online game content review and the domestic network game record.

2004, the Ministry of Culture on the strengthening of online game product content review Notice ((2004)14) clarified the Ministry of Culture implementation of import network game content review and domestic network game record management procedures, requirements, and set up the import network game product content Review committee. The approach, while continuing the existing effective practice, has clarified the responsibilities of the online game content review bodies, the conditions for the examination of the contents of the imported online games, the procedures, the methods of recording the domestic online games and the examination and filing requirements for the material changes in the content of the online games. The "method" also requires the network game operators to establish a system of self audit, to ensure the content of online games and the legality of business behavior. At the same time, according to the State Council "three-set" provisions and the central Office issued [2009]35, "The measures" stipulates that "the relevant departments before the approval of the online game publication, the State Council Cultural Administration department no longer repeat the review, allowing its internet operation." In order to avoid the network game management has appeared in the long management, repeated approval of the phenomenon, clear the network game industry Management and Publishing Management division of responsibilities.

Second, the establishment of network game management activities of the system norms. Business activity is the key content of network game regulation. In order to solve the deep problems in the management of the network game, the method makes the system standard for the whole process of the development, popularization, operation, consumption and termination of the network game, and puts forward the specific requirements for the current outstanding problems.

First, strengthen the network game minors protection. In view of the minor self-control and the weak screening ability, in the network game easy to cause addiction, affect academic and physical and mental health, "the method" resolutely in accordance with the "People's Republic of China protection of minors" principle of "priority", the network game operators should be adopted a series of protection measures for minors: function and application of the crowd, the development of user guidelines and warning notes; the second is that the network game with minors should not contain the content of inducing minors to imitate the behavior of violating social morals and committing crimes, as well as the contents of terror and cruelty which hinder the physical and mental health of minors. To adopt technical measures to prohibit minors from contacting unsuitable games or game functions, restricting the time of minors ' games, and preventing minors from indulging in Internet; Four is not to provide online games virtual currency trading services to minors.

Second, standardize the operation of network game operating units. Standardizing the operation of network games is an important point to maintain the market order of online games. Current, the phenomenon of loss and theft of user accounts due to technical security measures not in place, the false propaganda behavior in the marketing of network games, deliberately setting up fraud traps, inducing users to invest too much money and energy, and seriously disrupting the market order and affecting the healthy development of the market due to the disputes caused by termination of operation. To that end, "methods" for the promotion of network games, operation, consumption, termination and other key points, from the technical and institutional point of view, to make institutional norms: first, the promotion and promotion of online games must not contain the prohibited content of laws and regulations; The second is not to set up without the consent of the network game users of Not to random sampling and other accidental ways, to induce network game users to take into the legal currency or online game virtual currency to obtain network game products and services; third, no network game operators can not authorize the operation of the network of units operating online games; Four is to require online game users to use valid ID card for real name registration Five is to terminate the operation of network games, or the operation right of the network game is transferred, it should be announced 60 days in advance, and properly handle the virtual currency of online games which the user has not yet used and the game service which has not expired; six, according to the state regulations to take technical and management measures to ensure network information security, the protection of national secrets Trade secrets and user personal information.

Third, improve the online game virtual currency issue and transaction management measures. With the rapid development of network games, virtual currency of online games is widely used in the management of online games. The virtual currency plays a new economic and social problem while promoting the development of the online game industry, which is manifested in the lack of users ' rights and interests, the lack of regulation of market behavior and the disputes arising from the use of virtual currency in online games.

In order to solve the above problems, the "method" is based on summarizing the existing management measures, and regulates the issue and transaction of virtual currency of online games through all links. For the network game Enterprise that publishes the virtual currency of the network game, the method requires that the use of the virtual currency of the online game is limited to the exchange of the online game products and services provided by the users, and that the user should not be used for the purpose; Save online game user's purchase record more than 180 days The type, price and total amount of the virtual currency of the network game shall be submitted to the provincial Culture Administrative Department of the registered place for the record.

For the virtual Money Trading Service Enterprise of the network game, the method requires that it should not provide the transaction service for the minors, not to provide the transaction service for the uncensored or the record of the online game, to handle the illegal transaction correctly, and to keep the transaction records and accounts records of the users for more than 180 days. Four, increase the network game user rights and interests protection. The protection of network game users ' rights and interests is always a hot issue in the network game market, which occurs in every link of network game operation. At present, the network game market users ' rights and interests disputes prominently manifested in some network game operators in the user's legitimate rights and interests are infringed or disputes with the network game users, prevarication burden of proof, some operators through the formulation of the format of the agreement to impose unequal overlord clause to the user.

In view of the above problems, the "method" stipulates that the network game operators should, on the basis of standardizing their own business activities, make efforts to protect the legitimate rights and interests of users of network games. On the one hand, reasonable settlement of disputes, in the provision of service sites to disclose the prominent location of the dispute treatment, and audited real name registered users have the burden of proof in accordance with the law; On the other hand, the service agreement between the network game operators and the users should include the necessary clauses of the format agreement of the Network game service formulated and has no other provisions that contradict it.

V. Organization of work at the next stage of the Ministry of Culture

The scheme will be implemented on August 1, 2010. In conjunction with the implementation of the measures, the Ministry of Culture will focus on two tasks in the next phase. The first is to focus on the propaganda work of the measures. The effectiveness of the measures in the approach is inextricably linked to the advocacy of the approach.

To this end, the Ministry of Culture, through publicity, training and activities, and other means to expand the scope of publicity, increase publicity, so that all sectors of the community, especially the network game enterprises and users of online games widely known, and implementation. The development of this work requires the enthusiastic attention and strong support of all the media journalists present here. I hope everyone can give full play to their own media advantages, in-depth reports, and further expand publicity. The second is to do a good job of the implementation of the "measures".

Next, the Ministry of Culture, through the introduction of the "Network game management interim measures" related documents, the organization of cultural administrators to learn, organizing the network game management unit responsible for training, further refine the relevant management measures, strengthen the cultural administration departments at all levels and the cultural market comprehensive law enforcement agencies of the law enforcement capacity, Improve the legal level of the Network game Management Unit, do a good job of the implementation of the "measures". The Ministry of Culture will take the "interim measures for the management of online Games" as an opportunity to further standardize the market order of online games and promote the healthy development of the online game market. The operating units of each network game shall strictly comply with the minimum requirements stipulated in the "measures" and promote the cultural connotations and quality of the products on the basis of standardizing their own operating behaviors. The comprehensive law enforcement agencies at all levels of culture administration and culture market shall, in accordance with the measures, take strict enforcement actions against all kinds of illegal business activities and provide healthy and green network culture environment for the masses, especially minors.

Reporter's question:

The following is a reporter Question Time, please reporters in the question times the name of the media unit.

Reporter: The 20th article "the Netizen fictitious Money transaction Service enterprise should abide by the following stipulation, the first paragraph is not to provide the corresponding service for the minor". I would like to know how to determine whether the user is a minor or an adult, is not as 21 said the operator should require users to use a valid identity card, if this is not mandatory means, then how to determine whether he is an adult or a minor? Thank you.

Cultural Marketing Department of the Ministry of Culture, Director of Network culture Daiju: for your problem, according to the current network game management process encountered problems, document 21 provisions: Network game enterprises should require network game users to use valid ID card registration, and require enterprises to save the user registration information. Real-Name registration is a very important institutional arrangement proposed by the "method". The real name registration is according to the central and the entire Internet development request, enlarges the management strength one measure. This requires the network game operators in the user information registration, set up a system and link for real name registration. In addition, the "method" for the protection of minors and the registration of real name management of the operational requirements of the corresponding institutional protection. Thank you.

Reporter: For import network games, whether need to get approval of the Ministry of Culture, for domestic network games, if the approval of other departments is still need to go to the Ministry of Culture for approval?

Daiju: In the process of formulating the "approach", fully solicit and absorb the relevant government departments, the industry, as well as consumers, experts and other views. Therefore, the "approach" is strictly in accordance with the State Council "three-set" program and the provisions of the 35th documents in the establishment of the scope. In the process of making the provisions, according to the State Council Decree No. No. 412 and the State Council's "three-set" program and the provisions of the 35th-part office, strict provisions were made; for the import of online games, the Ministry of Culture in accordance with the law of the content review. At the same time, in the 10th article, strict distinction between the network game industry Management and network game publication management such a boundary. Method stipulates that "by the relevant departments before the approval of the online game publications, the State Council Cultural Administration department no longer repeat the approval, allowing its access to the Internet." On the definition of online game publications, please refer to the specific provisions of the State Council publication Management regulations. The Ministry of Culture is no longer approving the Chinese-made online game publications that you mentioned. The Ministry of Culture will carry out the record management for the domestic network games which do not belong to the publication. Therefore, to emphasize two points: first, the network game is not a publication; Secondly, there is a publishing link in the industry management of the network game, and the publishing link is managed by the relevant departments.

Reporter: 22 provisions of the termination of the operation of the network game to the user's protection policy. Excuse me, because there are penalties behind the regulations, the user has any way directly to the end of online games to complain or more effective way to maintain their rights and interests? Thank you.

Daiju: The protection of minors is the priority of the provisions of the measures, but also we formulate the basic principles of the method, that is, the protection of minors priority. Then, for the Minors network games caused by social issues, social concerns, parents very concerned about, our management department is also very important. Therefore, in the process of developing the approach, we have, in the light of the principle of protection, set out a special provision for online games, especially for the online games provided by minors.

In the special provisions of a number of matters: first, according to the content of the game, function and the application of the crowd to do two aspects of work; The second is to have user guidelines and warning notes, content should not contain to induce minors to imitate violations of social virtues of behavior and crime content, content should be healthy. Because some games are specifically for minors to provide services, we need to provide technical measures, such as the real name registration, limit the game's function and time. About the time of the game we are prepared to introduce a detailed policy, for minors to provide online games have time restrictions to prevent minors addicted to online games. The specific timetable will be defined and stipulated in the implementation of the rules and regulations for the management of online games.

Reporter: I would like to ask the 16th mentioned "should be in accordance with the provisions of the State of minors in contact with inappropriate games and limit the duration of the game", this discomfort and time is how to define?

Daiju: The protection of minors is the priority of the provisions of the measures, but also we formulate the basic principles of the method, that is, the protection of minors priority. Then, for the Minors network games caused by social issues, social concerns, parents very concerned about, our management department is also very important. Therefore, in the process of developing the approach, we have, in the light of the principle of protection, set out a special provision for online games, especially for the online games provided by minors. In the special provisions of a number of matters: first, according to the content of the game, function and the application of the crowd to do two aspects of work; The second is to have user guidelines and warning notes, content should not contain to induce minors to imitate violations of social virtues of behavior and crime content, content should be healthy. Because some games are specifically for minors to provide services, we need to provide technical measures, such as the real name registration, limit the game's function and time. About the time of the game we are prepared to introduce a detailed policy, for minors to provide online games have time restrictions to prevent minors addicted to online games. The specific timetable will be defined and stipulated in the implementation of the rules and regulations for the management of online games.

Reporter: Excuse me, is this about import game stipulation with the past difference or change?

Daiju: The Ministry of Culture on the import of some of the rules of the network game in the Ministry of Culture in the past, based on a regulatory level of the curing, the content is not much change, the requirements are consistent with the previous, we are only in the process of making more specific provisions, Requirements for submittal imported online game products must meet the following requirements: One, may not open the user registration or registers the server directly through the client software; second, if need to carry on the technical test, must take the method which the limit release activates the code, and the active user number must not exceed 20,000; third, may not charge to the user or through the commercial cooperation, Advertising and other ways to operate. If the above three conditions are violated, the Ministry of Culture will not accept the declaration of the imported online game and deal with the relevant regulations. Such specific procedures will be specified in the implementation of the detailed rules, there is no change in principle.

Reporter: Now the "method" in the management of SNS game rules, if not, the Ministry of Culture will be the next step to introduce relevant provisions?

Daiju: Regarding the SNS game, according to the second article in the method the network game definition, has already included it. "Method" refers to the network game is composed of software programs and information data, through the Internet, mobile communication network and other information networks to provide the game products and services, its manifestation mainly includes the client, Web browser and other terminal form of the various network games run. According to such a definition, SNS as long as through the information Network for dissemination, downloading and entertainment, are included in our online game management interim measures adjusted scope.

Reporter: Is there any regulation on the selection of the spokesperson for online games, and some spokesmen may be involved in a relatively vulgar situation, the Ministry of Culture has no regulations or what legal norms?

Daiju: The question about you is actually related to the terms and conditions of the provisions of the method. First, in view of the network game promotion and the promotion existence some hot issues, the Ministry of Culture in the method 18th has made the clear stipulation. 18th article II states that "the promotion and publicity of online games shall not contain the prohibited content of article Nineth of these measures", that is to say, shall not contain the prohibited content of "Ten no" in the nineth of these measures. Second, the enterprise should establish a system of self-examination, clear specialized departments, equipped with specialized personnel responsible for the network game content and management of the examination and administration, to ensure the content of the game and the legality of business behavior. As to how the specific promotional acts are judged, the enterprises and the comprehensive law enforcement agencies and cultural administrations of our cultural market will be recognized and managed in accordance with article nineth of this approach.