Legal definitions
In China, a “minor” is defined as a person under the age of 18, a “child” is a minor under the age of 14, an “infant” is a child no older than 6 years old but more than 1 year old, and a “baby” is less than 1 year old. The age of consent for sexual activity is 14 years, with certain exceptions for sexual activity between minors.
There are no specific legal definitions for sexually explicit conduct or child sexual abuse, but there are prohibitions on “crimes of sexual assault against minors” and “crimes abusing [the position of] guardian or ward.” No legal definition for child pornography materials/CSAM exists but related concepts are addressed under “pornographic materials” as “pornography related to minors.”
Child sexual exploitation, enticement, grooming, and sextortion are not defined, but related conduct is prohibited by various legal provisions. For example, enticing a minor over a webcam or through livestreaming is subject to prohibitions of “compulsory indecency,” “indecency towards children,” or “organizing obscene performances.”
Regulatory requirements/recommendations
The Regulation on the Protection of Minors in Cyberspace requires network product and service owners to prevent or stop the dissemination of illegal information, including CSAM, and minors’ personal information; preserve relevant records; and report illegal activity to appropriate authorities. There are also requirements under the Regulation for network service providers to monitor cyber bullying and take necessary measures to prevent and react to minors’ personal information being released online. Online platform operators with a large number of minor users or a significant impact on minors (not yet defined) must periodically assess their protection programs and compile a social responsibility report.
Age verification requirements/recommendations
Certain network service providers related to information publishing, instant messaging, livestreaming, and other services must and verify a minor’s identity information, including age. Approved methods of verifying age are not specified.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services. However, they are required to obtain parental or guardian consent before collecting, using, transferring, or disclosing a child’s personal information.
Legal remedies for child victims
Standard criminal and civil compensatory remedies are available for child victims in China. Those who infringe upon the rights of a minor in violation of the law also bear civil liability. Compensation due to a victim takes precedence over fines owed by the offender to the government. Child victims may access government-funded support if timely and effective compensation is not available from the offender.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems. Device manufacturers, however, are subject to some requirements to include some protective software or features for minors.