Shutdown law

Youth Protection Revision Act
The emblem of the National Assembly of Korea.
National Assembly of South Korea
Date passed May 19, 2011
Date commenced November 20, 2011
Status: Current legislation

The Youth Protection Revision Act, commonly known as the Shutdown Law or Cinderella law, is an Act of the South Korean National Assembly which forbids children under the age of 16 in South Korea from playing online video games between midnight and 6:00 am. It went into effect on November 20, 2011, after being passed by the legislature on May 19, 2011.

Overview

During the shutdown period, access to online games is blocked for all gamers under 16. This law caused some problems, among them being identity theft by youngsters. Underage gamers stole resident registration numbers in order to elude the law.[1][2][3] The shutdown law targets online games, but does not affect consoles and mobile games. Legal challenges against the law were filed by a group of Korean game manufacturers and a cultural organization.[4]Since September 2, 2014, the law's restrictions can be lifted from children, on the request of their parents.[5]

Constitutionality

Internet game service providers filed a constitutional complaint about the shutdown law. They claimed that parts of the law infringed on the freedom of young people, the freedom of the game provider's occupation, the general freedom of action possessed by youths, and the rights of parents.

The Constitutional Court of Korea rejected their constitutional complaint. The Court ruled that, considering the facts of the case, nature of youth gaming and internet games, it is hard to see how the Shutdown Law infringes on the rights and freedom of youths, game providers, and parents.

In particular, the Court considered three areas:

Liberty and young people's rights

Although the Court agreed that young people have the right to play video games, this did not infringe on their rights nor liberty, because being a video game addict can be detrimental to their health.

Parental rights

The internet game providers argued that if the Government forbids the playing of games by young people, then the Government would be controlling the development of family relationships. This would infringe upon the right of parents to control their children and their children's development. But the court stated the rights of parents are not absolute, and government can exercise control on families in dangerous situations.

Equality

The internet game providers argued that within the law there is not equality in the provisions, because online games are the only games targeted by the shutdown law. However, the Court judged that online games are much more addictive than other games.[6]

Chronology of the shutdown law in Korea

October 2004

A few civic groups called for the government to pass a shutdown law because teenagers needed their sleep, and a shutdown law would help guarantee the sleep of teenagers. To accomplish this goal, the advocacy groups organized a forum.

July 18, 2008 (2005?)

Kim Jae Gyeong of the Grand National Party - Hannara proposed the Juvenile Protection Act amendment - the original version of the shutdown law to be put before the Korean legislature. However, lobbying by the gaming industry and actions by the Ministry of Culture and Tourism killed this legislation.

October 2006

Kim Hi Jeong, of the Grand National Party- Hannara, proposed an "Act on preventing and solving internet addiction, including online games". This bill would have required games to warn players that the games are addictive, as well as penalizing people - especially teens - who play too long. However, this bill also failed, for reasons similar to the 2005 defeat.

July 10, 2008

Kim Jae Gyeong proposed the Juvenile Protection Act amendment, calling for online game providers to avoid allowing teens to play their games between midnight and 6 AM. If a company broke this law, the people responsible would possibly be punished by up to 2 years in jail and a fine of up to $10,000.

April 22, 2009

Another political party did the proposing. Cho Yeong Hi, of the United Democratic Party, proposed the Juvenile Protection Act amendment, with content being very similar to the 2008 amendment. It includes the prohibition of online game service to young people from 12:00pm to 6:00am, requires the agreement of a person with parental rights when teenagers play an online game, and the warning by game providers about internet game addiction. The possible punishment for a violation was the same as in the previous attempt at passing the shutdown law.

June 3, 2010

Two ministries, the Ministry of Culture and Tourism and Ministry of Gender Equality and Family, came up with amendments to introduce the shutdown law. Both ministries consulted with one another and reconciled the amendments, helping to ensure passage of the shutdown-law bill.

April 29, 2011

The shutdown-law bill, which was included in the Juvenile Protection Act amendment, was introduced to the Korea Assembly plenary session, and the bill was passed.

November 20, 2011

The shutdown law was applied to every online game in service in Korea. From this day, teenagers under seventeen years old have not been allowed to online game from 12:00 midnight to 6:00 am. This law affects every online game service that requires a resident registration number and some social games.

April 24, 2014

The Constitutional court upheld the shutdown law's constitutionality in a ruling.

Similar laws in other countries

China

2007

China introduced an Online Game Addiction Prevention System (Fatigue System). It is a method of dropping the reward in game(experience value and item drop rate) after a certain period of time instead of the forced termination method after using the game for a certain period of time. Cumulative 3 to 5 hours of in-game, it compensated reward 50% and Cumulative over 5 hours of in-game, it compensated reward 0%. But it was discarded because it didn't work well.

2016

According to the China Internet Network Information Center, the age of first-time access in Internet for minors is steadily declining and Internet using rate for minors is consistently increasing. And most of minors are using Internet, 70% of minor offenses are caused by Internet. So academics and related organizations are aware of the negative impact of the Internet on minors as an important social issue.[7][8]

The Minors Internet Protection Ordinance includes restrictions on nighttime gaming:

Chapter 2 Article 11


  • Where schools, libraries, cultural centers, youth centers, and other public interest venues provide facilities for minors to go online.

Chapter 2 Article 12

  • When manufacturers of smart terminal products ship inventory, and before importers of smart terminal product sell their inventory, they shall install software for the protection of minors online, or installation of software for the protection of minors online.

Chapter 4 Article 19

  • Households and schools shall educate and guide minors' proper use of the networks, preventing and intervening in minors' internet addiction. For minor students inclined toward internet addiction, schools shall guide their guardians in carrying out home education, and cooperate with the household, community, and other establishments in conducting education and guidance.

Chapter 4 Article 23

  • Online gaming service providers shall establish and improve game rules for the prevention of minors' addiction to[online games, and conduct technical modifications of game rules that might induce minors' addiction to online games.
  • Online gaming service providers shall follow relevant national provisions and standards to employ technical measures and prohibit minors from having contact with games or game functions that are not suitable for minors, and shall limit the length of time which minor's can continuously use games and the cumulative time minors can use games per day, prohibiting minors' use of game services from midnight to 8:00 am.

[9]

Thailand

Thailand was the first country to implement the shutdown system, beginning in 2003. It banned young people from playing online games between 10 pm and 6 am. However, online game services found it difficult to connect online-game user accounts with actual people and to confirm users. Thailand repealed its shutdown law within two years.

Vietnam

Since 2011, Vietnam blocks access to online game servers after 11 pm and closed Internet café.

References

  1. ↑ Jiyeon Lee, "South Korea pulls plug on late-night adolescent online gamers", Digital Biz, CNN, November 22, 2011.
  2. ↑ Heather McClellan, "South Korea's 'Shutdown Law' Takes Effect" News, The Escapist, November 24, 2011.
  3. ↑ Chris Marlowe, "Korea Slaps Curfew on Gamers", Digital Media Wire, November 28, 2011.
  4. ↑ "Korea's Silly 'Shutdown Law' Might Be Unconstitutional", Legal, Kotaku.com, June 22, 2012.
  5. ↑ Min-Jeong Lee, South Korea Eases Rules On Kids' Late Night Gaming, The Wall Street Journal, September 2, 2014.
  6. ↑ "청소년 보호법 제23조의3 등 위헌확인 - 2011헌마659" [Confirmation of unconstitutionality of Article 23-3 of the Juvenile Protection Act - 2011 Heon-ma 659] (in Korean). 2017-12-05.
  7. ↑ "중국-태국, 셧다운제 실효성 없어 폐기" [China, Thailand to shut down shutdown] (in Korean). 2017-12-05.
  8. ↑ "중국 미성년자 게임 셧다운제 도입 의미와 전망" [Significance and Prospects of China's Minor Game Shutdown] (in Korean). 2017-12-05.
  9. ↑ "Regulations on the Protection of Minors Online (Draft for Deliberation)". 2017-12-05.
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