Original title: The new “Government Protection” and “Network Protection” chapters have been added to the “Law on the Protection of Minors”, which may set off shocks in the online education and online game industries
On June 1, the newly revised “Law on the Protection of Juveniles” and the “Law on the Prevention of Juvenile Delinquency” will be formally implemented.
Not only are the contents of the two laws more substantial than before the amendment, they are also more in-depth in the concept of protection of minors. Article 3 of the newly revised Law on the Protection of Minors stipulates: “The state guarantees the rights of minors to survive, develop, be protected, and participate.” The previous statement was revised as “Minors enjoy survival. Rights, development rights, protection rights, participation rights, etc.”.
Liu Zongzhen, an assistant researcher at the China Youth Research Center, believes that the revised law has added the words “national protection”, which highlights the national responsibility for protecting the rights of minors.
This will bring unprecedented strength to the protection of minors. On May 31, the Supreme People’s Procuratorate’s press conference revealed new practices such as the “supervising guardianship order” and the fact that unaccompanied children are protected. This is undoubtedly based on stronger state intervention.
The “national presence” will also have a knock-on effect on businesses involving minors, especially in the areas of online games, live video broadcasting, and online education where the protection of minors is worrisome. The storm of strict supervision has arrived.
Strengthen national responsibility
The newly revised “Law on the Protection of Minors” is a comprehensive and basic law that protects the rights and interests of minors in an all-round way.The revised “Law on the Protection of Minors” added two special chapters: “Government Protection” and “Network Protection”. For the first time, the principle of “most beneficial to minors” was clarified in the law and the establishment of protection for minors was required for the first time. Work coordination mechanism.
On May 28, the State Council Leading Group for the Protection of Minors held its first plenary meeting in the form of video. According to reports, the meeting reviewed a number of documents such as the working rules of the leading group, the division of responsibilities, and the main points of work in 2021.
Up to now, all 31 provinces across the country and the Xinjiang Production and Construction Corps have established leading groups (committees) for the protection of minors, with offices located in the Civil Affairs Department (bureau) to achieve full coverage of the coordination mechanism for minor protection at the provincial level. Among them, the governor of Shanxi and Sichuan is the main person in charge.
In addition to strengthening national responsibility in the protection mechanism, this concept is also reflected in some specific measures.
At the press conference of the Supreme People’s Procuratorate on the morning of May 31, Shi Weizhong, Director of the Ninth Procuratorate of the Supreme People’s Procuratorate, introduced that the Supreme People’s Procuratorate decided to fully implement the “Guardianship Supervision Order” in handling cases involving minors from June 1st. .
Article 7, paragraph 2, of the Law on the Protection of Minors stipulates that the state shall take measures to guide, support, help and supervise the parents or other guardians of minors in performing their guardianship duties.
“Although the’supervising guardianship order’ has been explored in Fujian, Chongqing and other places, it is still a sleeping clause in many respects.” said a prosecutor from a procuratorate in the eastern region.
In a criminal case in which the criminal suspect was a minor, the Procuratorate of Cangshan District, Fuzhou City, Fujian Province issued a “guardianship order to supervise” the improper guardianship of the parents of two minors, Lin and Wang.
At the time of the case, Lin and Wang were both under 16 years old and were students in vocational schools. The procuratorate found through social investigations that Lin’s parents were under guardianship, but the parent-child communication was not smooth, and the parents were lazy in discipline; Wang’s parents were divorced and were under the supervision of his mother, but his mother had been doing business abroad for a long time, and the parent-child communication was obstructed.
The Cangshan District Procuratorate detailed the content of the “Supervision and Guardianship Order” into daily life such as arranging housework every week, participating in sports together, and gradually limiting the time spent on the Internet, to ensure the pertinence and operability of the “Supervision and Guardianship Order”. The Cangshan District Procuratorate also established a guardianship inspection team in conjunction with the Work Committee, Youth League Committee, Women’s Federation, and Public Security Departments to provide psychological counseling and family education guidance for guardians.
Liu Zongzhen believes that “the state must be on the scene” in the case of minors who are difficult to detect or cannot do anything even if they are discovered by guardians such as campus bullying. In the absence of a guardian, the country must naturally appear.
At the press conference of the Supreme People’s Procuratorate on the morning of May 31, Li Wanli, deputy director of the Child Welfare Department of the Ministry of Civil Affairs, introduced that as of the end of May this year, a total of 274,000 de facto unsupported children have been included in the coverage. The average security standard is 1206.6 yuan/person/month.
For example, as of the end of 2020, a total of 6,336 children of prisoners and drug addicts have been assisted to implement relevant protection policies, and a long-term mechanism has been established.
Some places are still expanding the scope of de facto unsupported children. Shaanxi Province has included the two situations of being revoked from guardianship and being deported (deported).
Prevent internet addiction
The state’s strong intervention in the protection of minors is also clearly reflected in the new “Internet Protection” chapter of the Law on the Protection of Minors, and the “national presence” is clearly reflected in the strengthening of industry supervision.
“Network Protection” has 17 items of content, including information content risk, personal information leakage risk, online game addiction risk, cyber bullying risk protection, etc.
Wang Quansheng, a professor at Shandong University Law School (Weihai), believes that from the perspective of overall security, some risks have not been fully considered. For example, in the regulation of the risk of addiction to online games, the main responsibility for prevention is set by online game operators, but the governance functions that social organizations, families, and schools should assume are not clear.
From the perspective of the regulatory system, the law only provides principles and regulations, and more specific measures need to be proposed by laws and policies. In the recent period, both regulatory policies and self-government measures of market entities have frequently appeared, especially in the areas of online games, live video broadcasting, and online education that are directly related to minors’ Internet addiction and burden.
In 2019, the National Press and Publication Administration’s “Notice on Preventing Minors from Indulging in Online Games Work” proposed to strictly control the length of time that minors use online games. It is stipulated that game services shall not be provided for minors from 22:00 to 8:00 of the next day, no more than 3 hours a day on statutory holidays, and no more than 1.5 hours a day at other times.
The Ministry of Education recently formulated the “National Comprehensive Prevention and Control of Myopia in Children and Adolescents in 2021.” It points out that the total amount of online games will be adjusted, explore the age-appropriate reminder system that meets national conditions, and take measures to limit the time used by minors.
According to reports, the Tianjin Third Intermediate People’s Court heard a case recently. The minor Liu dropped out of school in the second year of school and was obsessed with the web live broadcast platform. In 70 days, he rewarded all his parents’ 1.58 million savings to an anchor. The Xiao Liu family took the live broadcast platform to court. In the end, after mediation by the court, the live broadcast platform returned a total of 1.58 million yuan.
On May 26, Douyin announced the upgrade of protection measures for minors and released the most stringent youth model in history. Starting in June this year, real-name users under the age of 14 will directly turn on the youth mode after being notified, and cannot exit after entering. In this mode, users will only be able to see selected, pan-knowledge content by the platform, and cannot watch live broadcasts, recharge, and rewards.
Online education shock
The industry shock caused by the implementation of the Minor Protection Law has unexpectedly appeared in the online education industry. Recently, online education company Gaotu announced the closure of its preschool enlightenment product “Early Enlightenment”. The market also reported that another brand, Gaotu Classroom, would lay off 20% or 30% of its staff.
There are also many recent graduates who expressed on social media that their offer (admission notice) was broken by online education institutions such as Yuandaodao. The reason was that the company’s internal adjustments had urgently stopped the recruitment plan.
Gaotu founder Chen Xiangdong pointed out at the company’s internal meeting at the end of May, “In the current environment, everyone of us knows that the country is introducing various systems to regulate products from 3 to 6 years old.”
The Law on the Protection of Minors is the highest level of law among them. Article 33 stipulates that kindergartens and out-of-school training institutions shall not conduct primary school curriculum education for preschool-age minors.
Guo Linmao, director of the Social Law Office of the Legal Work Committee of the Standing Committee of the National People’s Congress, said on May 26 that students are burdened with heavy learning and their parents are forced to participate in various out-of-school learning trainings. This seems to be an education issue, but in fact it is a minor protection issue.
Chen Xiangdong explained that starting from June 1, any institution, whether it is a public kindergarten, a private kindergarten, or an off-campus training institution, is illegal and can be subject to the state if it provides primary school curriculum education to children aged 3-6. Strictly investigated and dealt with.
More than 1,000 employees of Early Enlightenment will be classified or laid off internally, and enrollment has been suspended.But at present, the market share of Xiaozao Enlightenment is far behind that of Yuanjiao’s Zebra, ByteDance’s Guagualong Enlightenment andGood futureThe Monkey Enlightenment under its banner.
“The Law on the Protection of Minors is the most direct law involving off-campus training institutions to protect the rights and interests of minors. In addition, the “Education Law” also proposes principled provisions.” Li Hongbo, director of the Education Law Research Center of China University of Political Science and Law, told Reporter, “At the level of laws and regulations, there are also the recently promulgated regulations for the implementation of the Private Education Promotion Law, as well as two drafts of the Regulations on the Protection of Schools for Minors and the Regulations on the Protection of Internet for Minors that are still under consultation.”
A reporter from the 21st Century Business Herald learned that some similar products, including Duck and Duck Enlightenment, under Job Gang, were promoted against the trend during the “June 1” period.
“Because the’double reduction’ policy has not yet been issued, some companies may wish to take advantage of this window to expand the scale of users. Once subject training is prohibited, users can also be converted to quality courses such as fine arts and music, or they can take measures to change subjects. Quality training.” An online education practitioner told reporters.
The “Standards for Running Schools of Private Education and Training Institutions in Beijing (Interim)” promulgated on November 9, 2018 stipulates that institutions engaged in training of preschool children shall not teach elementary school courses such as Chinese Pinyin, literacy, calculation, and English in advance. At present, many enlightenment education institutions have changed the names of language courses to humanities, expressions, etc., weakening the color of chemistry, and some institutions have changed their courses to special courses such as picture books and calligraphy.
(Source: 21st Century Business Herald)
(Editor in charge: DF358)
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