Gaming Law 2023 China Global Practice Guides Chambers and Partners
China
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Gambling and lotteries in mainland China
Gambling
Gambling is strictly prohibited in mainland China ("Cub China"). In mainland China, gambling-related acts are subject to administrative penalties and, in serious cases, even criminal liability.
There have been no major changes in gambling regulations in mainland China over the past year. However, the competent authorities (especially the Ministry of Public Security) have been stepping up their crackdown on all kinds of gambling, and in recent years have been particularly active in monitoring and cracking down on new gambling. On July 18, 2023, a local public security agency revealed the "first case of virtual currency" related to cross-border gambling on the Internet, with a total amount of up to 400 billion CNY (note that RMB and Chinese yuan are convertible). The servers used to conduct gambling in this case were made overseas, and all game transactions were made in virtual currency.
Unlike legal gambling, games related to gambling (e. g. Fishbell game) usually have the following characteristics:
- As a rule, there is a bilateral exchange channel for "virtual currency" or props;
- The props contain functional blocks for withdrawing or earning profits from the game.
- The game operator provides services such as:
- space}The game operator provides services such as:
- Exchange of cash or food in disguised forms (such as virtual currency).
When the jurisdiction authorities use a specific threshold (for example, in Beijing, the RMB is the RMB, the RMB is compatible with the "Original" and "RMB", we will consider gambling. There is a high possibility.
lottery
In mainland China, lottery is approved by the government and a strict lottery participation system is applied. According to the "Lottery Ordinance" and the "Lottery Ordinance Implementation Rules" (revised in 2018), resale of the Internet lottery without permission is forbidden.
Lottery regulations have long been responsible for administrative rules and department rules. So far, there has been no law that stipulates the lottery license system. In the future, if the market system is introduced in the operation and sales of lottery, the appropriate license will definitely be very valuable, and the significance of execution will be even higher.
Lottery regulations have not yet reached legal levels, but some regulations and promotion have been taken by 2023. For example, relevant authorities have further enhanced lottery sector into regulations by announcing industry standards and other measures. In July 2023, the Civil Administration Department announced "Guidelines on Gambling Acts in China Charity Lottery", and the main principles, main primary, leadership, and work values on the important acts of gambling in the charity lottery in mainland China. I suggested. On the same day, the authorities also issued a joint request for signs and displays of Chinese charity lottery stores, and there were appropriate, optional industries proposed about the charity lottery logo and other quality. It included a stereotype. In addition, the priority department of the Sports Bureau has issued a work project on the reinstatement and expansion of sports, which proposed measures to increase the supply of sports lottery.
Gambling activities in mainland China
Educational program
The gaming bazaar in mainland China in 2023 was characterized by a combination of obstacles, sudden events, and positive opportunities. According to Chinese companies CNG, the interests of Chinese game companies in the first half of 2023 were $ 2, 4426. 3 billion yuan, down 2, 39%yea r-o n-year, but increased by 2216%in the second half of the 2022.
The market improvement is considered to be due to the appropriate and positive trend. < SPAN> When the jurisdiction uses a method that exceeds a specific threshold (eg, 300 yuan in Beijing, the yuan is the RMB, and the definition of "yuan" and "yuan" are compatible). There is a high possibility that gambling will be considered.
lottery
In mainland China, lottery is approved by the government and a strict lottery participation system is applied. According to the "Lottery Ordinance" and the "Lottery Ordinance Implementation Rules" (revised in 2018), resale of the Internet lottery without permission is forbidden.
Lottery regulations have long been responsible for administrative rules and department rules. So far, there has been no law that stipulates the lottery license system. In the future, if the market system is introduced in the operation and sales of lottery, the appropriate license will definitely be very valuable, and the significance of execution will be even higher.
Lottery regulations have not yet reached legal levels, but some regulations and promotion have been taken by 2023. For example, relevant authorities have further enhanced lottery sector into regulations by announcing industry standards and other measures. In July 2023, the Civil Administration Department announced "Guidelines on Gambling Acts in China Charity Lottery", and the main principles, main primary, leadership, and work values on the important acts of gambling in the charity lottery in mainland China. I suggested. On the same day, the authorities also issued a joint request for signs and displays of Chinese charity lottery stores, and there were appropriate, optional industries proposed about the charity lottery logo and other quality. It included a stereotype. In addition, the priority department of the Sports Bureau has issued a work project on the reinstatement and expansion of sports, which proposed measures to increase the supply of sports lottery.
Gambling activities in mainland China
Education program
The gaming bazaar in mainland China in 2023 was characterized by a combination of obstacles, sudden events, and positive opportunities. According to Chinese companies CNG, the interests of Chinese game companies in the first half of 2023 were $ 2, 4426. 3 billion yuan, down 2, 39%yea r-o n-year, but increased by 2216%in the second half of the 2022.
The market improvement is considered to be due to the appropriate and positive trend. When the jurisdiction authorities use a specific threshold (for example, in Beijing, the RMB is the RMB, the RMB is compatible with the "Original" and "RMB", we will consider gambling. There is a high possibility.
lottery
In mainland China, lottery is approved by the government and a strict lottery participation system is applied. According to the "Lottery Ordinance" and the "Lottery Ordinance Implementation Rules" (revised in 2018), resale of the Internet lottery without permission is forbidden.
Lottery regulations have long been responsible for administrative rules and department rules. So far, there has been no law that stipulates the lottery license system. In the future, if the market system is introduced in the operation and sales of lottery, the appropriate license will definitely be very valuable, and the significance of execution will be even higher.
Lottery regulations have not yet reached legal levels, but some regulations and promotion have been taken by 2023. For example, relevant authorities have further enhanced lottery sector into regulations by announcing industry standards and other measures. In July 2023, the Civil Administration Department announced "Guidelines on Gambling Acts in China Charity Lottery", and the main principles, main primary, leadership, and work values on the important acts of gambling in the charity lottery in mainland China. I suggested. On the same day, the authorities also issued a joint request for signs and displays of Chinese charity lottery stores, and there were appropriate, optional industries proposed about the charity lottery logo and other quality. It included a stereotype. In addition, the priority department of the Sports Bureau has issued a work project on the reinstatement and expansion of sports, which proposed measures to increase the supply of sports lottery.
- Educational program
- The market improvement is considered to be due to the appropriate and positive trend.
In the first half of 2023, the National Newspaper Publishing Bureau (NPPA), which has jurisdiction over the issuance of gaming licenses on the continent of China, has confirmed 548 games that exceed all characteristics in 2022. The constant increase in licensing issuance, which is literally performed every month, shows more positive possibilities in the game industry.
- In China, AI is being used to optimize game development and reduce budgets. For example, at the Game Developers Conference 2023 conference, Tencent AI Lab proposed a conclusion to generate a virtual 3D scene. This has the potential to enhance the production efficiency of the 3D scene while minimizing the cost. While presenting this conclusion, Tencent has established a process to create a 3D virtual megalopolis from a zero mark, and the original building is only 17 or 5 minutes on this average time.
- The background of uncertainty in terms of the appearance of the appearance is that Chinese game companies have descended to overseas markets, such as such developed countries (US, Japan, South Korea), for example (Southeast Asia, closed. I want to do it for East, South America). These companies have reached a considerable period of time and are not paying attention to new competition or important cultural issues.
Access to the bazaar in the gambling industry and publish a license
In recent years, the gambling industry on the mainland China has not observed a major progress in observing and accessing bazaars to withdraw temporary measures to manage online play in 2019. The increase in observations on the host is reflected in the appropriate license required for the game operator, the publication of the records required for the game and/ or for the archive.
Game operator license
Game operators need to acquire various licenses and certificates according to the proposal, and the limit of the upper limit management of game operators related to whether foreign capital is introduced is clear. For this reason, for example, when providing online games in mainland China, most businesses need to obtain the "Electrical News Acquisition Value Business Permit" and register the work atmosphere using connect online games. So far, these licenses have not been given to applicants with a ratio of more than 50 %.
The gaming operator is still huge in financial market funds on the mainland. In accordance with the public market, there are only a few game operating companies that have safely implemented IPOs in the A-class promotion market, reflecting the enhancement of the game industry.
Game Publishing License (Banhao)
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From January to July 2023, NPPA issued 610 Russian online games, with 2022 indicators 512.
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- In recent years, the gambling industry on the mainland China has not observed a major progress in observing and accessing bazaars to withdraw temporary measures to manage online play in 2019. The increase in observations on the host is reflected in the appropriate license required for the game operator, the publication of the records required for the game and/ or for the archive.
Game operator license
Game operators need to acquire various licenses and certificates according to the proposal, and the limit of the upper limit management of game operators related to whether foreign capital is introduced is clear. For this reason, for example, when providing online games in mainland China, most businesses need to obtain the "Electrical News Acquisition Value Business Permit" and register the work atmosphere using connect online games. So far, these licenses have not been given to applicants with a ratio of more than 50 %.
- Game Publishing License (Banhao)
NPPA has been suspended for a long time since July 2021, but began issuing a new publishing license in April 2022. The current publishing license approval process has a correct tendency that has the potential to promote the prosperity of the game industry.
- From January to July 2023, NPPA issued 610 Russian online games, with 2022 indicators 512.
- In particular, the number of licenses for Russia online games in January to July this year is 88, 87, 86, 86, 89, 88, and the frequency and number of issues actually matched. Access to the bazaar in the gambling industry and publish a license
- Game operator license
Game operators need to acquire various licenses and certificates according to the proposal, and the limit of the upper limit management of game operators related to whether foreign capital is introduced is clear. For this reason, for example, when providing online games in mainland China, most businesses need to obtain the "Electrical News Acquisition Value Business Permit" and register the work atmosphere using connect online games. So far, these licenses have not been given to applicants with a ratio of more than 50 %.
The gaming operator is still huge in financial market funds on the mainland. In accordance with the public market, there are only a few game operating companies that have safely implemented IPOs in the A-class promotion market, reflecting the enhancement of the game industry.
Game Publishing License (Banhao)
NPPA has been suspended for a long time since July 2021, but began issuing a new publishing license in April 2022. The current publishing license approval process has a correct tendency that has the potential to promote the prosperity of the game industry.
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From January to July 2023, NPPA issued 610 Russian online games, with 2022 indicators 512.
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In particular, the number of licenses for Russia online games in January to July this year is 88, 87, 86, 86, 89, 88, and the frequency and number of issues actually matched.
Besides Russian online games, this year saw great progress in the issuance of licenses for online games imported from other countries. Until now, NPPA only issued licenses for one year to publish online games brought from other countries. However, in 2023, licenses for online games brought from other countries were issued in March, and in August, a certain number of licenses were issued throughout the year, which was the first case in recent years. Currently, NPPA has already issued licenses for the publication of 58 joint difficulties from other countries in the online IGR for 2023, exceeding the indicator 2022, when 44 licenses were issued. From the data obtained, we can show the appropriate factors.
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Licenses for publishing unique online games brought from other countries have almost all these major Russian and international gaming companies, such as Tencent, NetEase, Perfect World, Archosaur, Verycd, Zqgame and Topjoy.
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In March, 27 game publishing licenses were obtained, which give important attention to anime and manga culture, and in August, 31 game licenses with more different IPs were obtained.
ICP - Game Order
- Trends in Industry Formation
- According to statistics, more than 80 % of these game companies will strengthen the use of AIGC in the financial report. Major game companies have already built their own platforms and templates, such as Tencent (CDG AI Lab, IEG Cros, etc.), Netease (FUXI, AI Lab, etc.), Mihoyo (Anti-Entropy). Small and mediu m-sized game companies are considering collaboration with external AI technology vendors based on their needs. Both are attempts to utilize artificial intelligence, indicating that the "game + AI" is a tide that cannot be exceeded.
AIGC is currently developing rapidly, and game developers may encounter the following risks and problems:
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Collection and use of cosmic learning data can infringe the rights of third parties.
- Regarding the collection and use of learning data, special laws and regulatory laws were adopted. As shown in temporary measures to manage the generated artificial intelligence services, the provider of the generated AI ("provider") guarantees the legal source of educational data and the intellectual property rights of others. It must be respected, treats personal information in compliance with Chinese laws and regulations, improves the quality of educational data, and strives for "credibility, accuracy, objectivity, and diversity." At the development stage, suppliers should establish clear, concrete and practical rules for the marking of educational data.
- AIGC cannot be protected by copyright law.
- At least, there is no legal opposition, including AIGC and games that have artificial origin in the heart. In real time, scientific associations determine the possibility of Aig c-defone that supports nearby rights or negligence competition laws.
- Other compliance requests
The China Cyber Space Management Bureau has announced shor t-term measures with the other six other Chinese regulatory authorities to make a large number of requests for AI proposal decisions and applications, and to manage the proposal of artificial origin. The following is an example.
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Content Modificatio n-Providers are required to arrest information on the networ k-content manufacturer. If illegal content is detected, the provider will be directly affected by the provider, such as the suspension of generations and transmissions, deleting content, conducting training to optimize the modified model, and news of the case at a specialized institution. There is.
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Aig c-Labelin g-Providers are required to display Aigc brands in a prominent place in order to generally recognize that AIGC is AI in case and misunderstanding.
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Security evaluation and registratio n-Generative proposals related to the characteristics of public visibility and public mobilization need to be security evaluation and registration algorithm.
Defense maturity in online games
In September 2021, the Press Publishing Bureau issued a strict measures for subsequent introductions of strict administrative measures ("dependence measures") to prevent online game dependence for adults. Additional addiction is a few hours a week, which is limited to games that have not yet reached the age of three. The RelationResult online games in line with the Chinese game industry's progress report ("Report on Advanced Advancement in 2022") on the Advanced Advanced Advancement in 2022 published by the Game Publishing Council Generally, the enrollment of measures to oppose the number of adult age fractions is less than 75 %, and the composite cost of adult players is still low, and more than 86 % of parents are these results. I am satisfied. In this way, in the defense report, the conclusion that did not reach the age of 2022 was an effective and effective measure to manage the work of games that had not actually reached maturity. 。
The success of the indulgency protection program is the result of joint efforts between the judicial authorities and the game industry in order to close the missing holes that minors can bypass. 。 。 。 。 。 。