As the digital world continues to expand and the young and the old spend an increasing number of hours online, governments around the globe are taking rigorous steps to make the internet a safer environment for minors. Many Asian countries are drafting age verification laws to protect children from accessing age-inappropriate content and services.
Kids are exposed to a great variety of content and services, some of which have proven harmful to them. The need for robust age verification mechanisms has become critical to safeguarding children. These measures apply to e-commerce products such as alcohol and tobacco, nutraceuticals, and services like gaming, streaming, dating, adult entertainment, and social media content. For example, several Asian countries have taken measures to restrict Chinese TikTok due to concerns over data privacy and the protection of minors. These measures range from outright bans to regulatory scrutiny and restrictions.
Source: Aware Biometrics
In this article, we will explore age verification laws in key Asian countries, highlighting their approaches and the challenges they face. Let us zoom in on China, India, Japan, Singapore, and South Korea and their approaches to age verification and the restrictions on digital services to protect minors.
China: Pioneering Stringent Measures
Well known for its heavy state control, it shouldn’t be a surprise that China stands at the forefront of age verification regulations in Asia. The Chinese communist government has implemented some of the strictest measures worldwide. 1.4 billion Chinese are subjected to age verification laws, which include real-name registration and facial recognition, to limit minors’ online gaming and internet usage. These regulations, introduced by the National Press and Publication Administration (NPPA), restrict gaming for minors to just three hours per week and require users to verify their identity and age through official identification. The goal is to combat gaming addiction and protect Chinese youth from access to inappropriate and harmful content.
China’s strict age verification regulations include:
Mandatory Real-Name Registration: All internet users must register with their real names and official identification. This ensures correct age verification across various online services.
Facial Recognition Technology: China extensively uses facial recognition technology to verify users’ identities and ages. This is particularly enforced on online gaming and social media platforms.
Strict Gaming Regulations: China has implemented stringent regulations for online gaming. Minors are restricted to playing for only three hours per week (one hour per day on weekends and holidays) to combat gaming addiction.
Online Ecosystem Control: Age verification laws are enforced across a wide range of online activities, including gaming, social media, e-commerce, and live streaming. This creates a controlled and regulated digital environment for minors.
Centralized Regulatory Authority: The National Press and Publication Administration (NPPA) oversees the implementation and enforcement of age verification laws, ensuring consistent application across the country.
Parental Control Measures: Platforms are needed to offer robust parental control features, enabling parents to check and manage their children’s online activities effectively.
Penalties for Non-Compliance: Companies that do not implement proper age verification measures face severe penalties, including fines, suspension of services, and potential legal action.
Educational Campaigns: The government conducts extensive educational campaigns to raise awareness about the importance of age verification and online safety among parents, educators, and minors.
Integration with the Social Credit System: Non-compliance with age verification laws can negatively affect individuals’ and companies’ social credit scores, adding a significant incentive for obedience.
Biometric Data Use: Beyond facial recognition, other biometric data such as fingerprints and voice recognition are increasingly being used to enhance the accuracy and security of age verification processes.
Chinese strict age verification laws are applied to a variety of digital services, including:
- Online Gaming: Minors are restricted to limited gaming hours, and real-name registration is needed.
- Live Streaming Platforms: Users must verify their age and identity to prevent minors from accessing inappropriate content.
- Social media: Platforms like WeChat and Weibo require real-name registration to limit underage use.
- E-commerce: Certain products have age restrictions requiring verification.
- Video Streaming Services: Content with age restrictions needs verification to access.
- Adult Entertainment: The distribution, production, and consumption of pornography are illegal, with severe penalties for violations. The Great Firewall and content-monitoring systems block access to adult sites, reflecting the ruling communist party’s focus on supporting social morality and controlling internet content.
India: An Emerging Focus on Digital Safety
In India, age verification laws can vary across different states, particularly in areas such as online gaming, tobacco and alcohol sales, and internet use. This legal complexity is confusing for merchants and payment service providers. This country, inhabited by 1.4 billion people, is strengthening and unifying its regulatory framework.
India has a blanket ban on the production, distribution, and consumption of porn under its legal framework, particularly under Sections 67, 67A, and 67B Platforms. Platforms, hosting adult content are needed to implement age verification mechanisms to prevent minors from accessing such material. In June 2020, India banned TikTok along with 58 other Chinese apps, citing national security concerns and privacy issues. The government said that these apps posed a threat to the sovereignty and integrity of India.
Indian legislation on digital adult entertainment websites is severe, with multiple layers of legal provisions, government orders, and enforcement mechanisms aimed at restricting access to adult content. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, impose obligations on social media platforms and digital intermediaries to remove “obscene content” promptly upon receiving complaints. ISPs must comply with government orders and block access to specified websites. Non-compliance can lead to legal action.
Now let’s look at some of the regional differences.
- Karnataka:
- Online Gaming: Karnataka has banned online games involving betting and gambling. Age verification is enforced to prevent minors from taking part in these activities.
- Maharashtra:
- Alcohol Sales: The legal drinking age in Maharashtra is 25 for hard liquor and 21 for beer. Online sales of alcohol require age verification to comply with these laws.
- Tamil Nadu:
- Tobacco Sales: Tamil Nadu enforces strict age verification for the sale of tobacco products, with a legal age of 21.
- Delhi:
- E-commerce: Delhi has stringent rules for the sale of age-restricted products such as alcohol and tobacco, requiring robust age verification mechanisms for online purchases.
- Punjab:
- Gaming and Betting: Punjab has regulations on online gambling and betting, requiring age verification to prevent minors from accessing these services.
- Kerala:
- Content Access: Kerala requires age verification on content streaming services.
Japan: Comprehensive and Proactive
Japan’s age verification laws are unique due to several key factors; Japan uses a system where age verification is often tied to mobile carriers. Users must register their age when they sign up for mobile services, and this information is used across various platforms, including social media and online gaming. The Japanese government collaborates closely with industry groups to set standards for age verification, ensuring that all companies adhere to consistent practices.
J-Alert System: The J-Alert system, which is a national emergency alert system, also integrates with age verification processes, ensuring that notifications and alerts are appropriate for the age group receiving them.
Gaming Regulations: Japan has specific regulations for online gaming that require age verification to prevent minors from accessing certain games and in-game purchases. This is particularly stringent in games with gacha (randomized rewards) mechanics.
Use of My Number System: The “My Number” system, Japan’s national identification number system, is used for age verification purposes. This ensures a high level of accuracy and security in verifying users’ ages.
Content-Specific Restrictions: Japan enforces age verification not only for general access but also for specific types of content, such as adult videos and manga, ensuring that minors cannot access age-inappropriate material.
TikTok: While Japan has not banned TikTok, there have been calls from lawmakers for stricter regulations on data privacy and the protection of minors. The government has been urged to consider measures to protect user data and ensure that the platform adheres to local laws.
Public and Private Sector Cooperation: There is strong cooperation between the public sector and private companies in implementing and enforcing age verification laws, making the system more robust and comprehensive.
Technology Integration: Japan is at the forefront of integrating advanced technologies such as AI and facial recognition to enhance the accuracy and efficiency of age verification processes.
The digital services that are age-restricted are:
- Online Gaming: Age verification is used to control access to games and in-game purchases. The country employs systems like My Number (a national identification number) to verify users’ ages.
- Social media: Platforms like Twitter and LINE require age verification to restrict access to adult content.
- E-commerce: Sales of age-restricted items, such as alcohol, tobacco, and adult products, require age verification. Retailers use a combination of digital ID verification and physical delivery checks to ensure compliance.
- Video Streaming Services: Access to age-restricted content on platforms like Netflix and Hulu requires age verification.
- Online Dating Services: Strict age verification is required to prevent minors from accessing these platforms.
- Adult Entertainment: The Japanese adult entertainment industry has developed a range of unique genres and subcultures, such as hentai and JAV (Japanese Adult Video). While Japan produces a significant amount of adult content, the export of uncensored Japanese adult videos is illegal. The industry in Japan is closely watched by ethical review boards, such as the Nihon Ethics of Video Association (NEVA) and the Japan Video Ethics Association (JVEA). Japan has stringent laws aimed at protecting minors from exposure to adult content. Age verification processes are mandatory for both consumers and performers, with severe penalties for violations.
Singapore: Balancing Regulation and Innovation
Singapore has a robust legal framework that balances strict regulation, privacy concerns, data protection, and the country’s ambitions to boost innovation. Singapore’s approach differs from that of its Asian neighbors for several reasons.
Collaborative Approach: The government collaborates closely with industry stakeholders to develop and implement age verification technologies and policies. This partnership ensures that the laws keep pace with technological advancements and changing online behaviors.
Public Awareness Campaigns: Singapore also runs public awareness campaigns to educate parents, guardians, and children about the importance of age verification and online safety. This comprehensive approach helps to create a culture of compliance and safety.
Data Protection: Singapore’s Personal Data Protection Act (PDPA) also plays a role in age verification, ensuring that personal data collected for verification purposes is handled securely and responsibly.
What is Singapore’s age restrictive policy?
Online Services: The Media Development Authority (MDA) of Singapore enforces regulations requiring age verification for accessing certain online services and content. This includes implementing systems to ensure that users are of legal age before taking part in online gambling. Singapore’s legal approach to online adult entertainment is characterized by strict censorship and prohibition, grounded in conservative social values. The MDA blocks websites and enforces laws that criminalize the distribution, production, and consumption of obscene material.
Integration with the National Identity System: Age verification processes are often integrated with Singapore’s national identity system (Sing Pass), allowing for the correct and efficient verification of users’ ages.
Stringent Enforcement: The Singaporean government actively enforces its age verification laws, with strict penalties for non-compliance. This includes fines and legal actions against companies that do not implement proper age verification measures.
Proactive Measures for Online Safety: Singapore has taken proactive steps to ensure online safety for minors, including mandatory parental controls and the use of AI and machine learning to detect and prevent access to age-restricted content.
South Korea: A Leader in Digital Verification
South Korea is known for its advanced digital infrastructure, which extends to its age verification systems. The country implemented resident registration numbers for age verification, ensuring that minors are restricted from accessing adult content and online gaming.
Mobile Carrier Integration: Like Japan, South Korea uses mobile carrier data for age verification. Users’ age information is verified through their mobile service provider, which is then used across various online services.
Parental Control and Monitoring: The government promotes and sometimes mandates the use of parental control software that requires age verification to restrict and check minors’ online activities.
Comprehensive Coverage: Age verification laws in South Korea cover a wide range of services, including online gaming, social media, e-commerce, and access to adult content. This comprehensive approach ensures minors are protected across multiple digital platforms.
Public Awareness and Education: South Korea emphasizes public awareness and education about online safety and age verification, ensuring that parents, guardians, and minors understand the importance and methods of compliance.
Digital services that are age-restricted include:
- Online Gaming: South Korea has specific curfews for minors, commonly referred to as the “Cinderella Law,” which prevents children under 16 from playing online games between midnight and 6 AM. Age verification is crucial to enforcing these rules, including real-name registration and identification numbers.
- Adult Content: Access to adult content is heavily regulated, with strict age verification processes in place to ensure compliance. The “Information and Communications Network Act,” along with the “Telecommunications Business Act,” empowers the Korea Communications Commission (KCC) to monitor and restrict access to obscene or harmful content, including adult entertainment, and the “Juvenile Protection Act” also plays a role by specifically targeting content that may be harmful to minors.
- Social Media: Platforms like Kakao Talk and Facebook require age verification to prevent minors from accessing certain content.
- Video Streaming Services: Content with age restrictions, such as movies and series rated for adults, requires verification.
- E-commerce: Purchases of age-restricted products like alcohol, tobacco, and adult materials need age verification.
- Online Dating Services: Minors are restricted from accessing dating apps and websites through strict age verification measures.
Challenges in Implementation
Despite the advancements, implementing age verification laws in Asia comes with several challenges:
Privacy Concerns: Robust age verification often requires collecting sensitive personal information, which raises significant privacy concerns. Balancing the need for verification with the protection of personal data is a delicate task. On March 28, 2024, Singapore’s Personal Data Protection Commission (Commission) published a set of advisory guidelines on the applicability of the Personal Data Protection Act (PDPA) to children’s personal data in the digital environment and applied them to organizations whose online products or services are “likely to be accessed by children.”.
Technological Barriers: In regions with less advanced digital infrastructure, implementing sophisticated age verification systems can be challenging. Ensuring consistent and effective enforcement across diverse technological landscapes remains a hurdle.
Compliance and Enforcement: Ensuring compliance with age verification laws requires continuous monitoring and enforcement, which requires a lot of manpower. The dynamic nature of the internet makes it difficult to keep pace with new platforms and services that escape through legal loopholes.
The Road Ahead
As digital environments continue to evolve, so too will the approaches to age verification in Asia. Governments will need to stay ahead of technological advancements to ensure effective regulation while also addressing serious privacy concerns.
Conclusion
Age verification laws in Asia are critical for protecting minors from harmful online content and activities. While countries like China, Japan, and South Korea lead with stringent regulations and advanced technological implementations, India’s legal landscape is evolving and more varied, while Singapore tries to find a balance between data and privacy protection and the protection of minors. The ongoing challenge lies precisely in balancing robust age verification with privacy concerns and technological limitations. As the digital landscape continues to grow, the importance of effective and adaptable age verification systems will only increase, ensuring safe and secure online environments for all users.
If you need advice, feel free to contact one of our experts: This article has been written by @SandeCopywriter on behalf of @Segpay
