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Title: Game Software Rating Management Regulations CH
Amended Date: 2019-05-23
Category: Ministry of Economic Affairs(經濟部)
Article 1
These regulations are enacted in accordance with Paragraph 3, Article 44 of the Protection of Children and Youths Welfare and Rights Act(hereinafter the "Act").
Article 2
The terms used in these regulations are defined as follows:
1. "Game software" is defined as follows: integrated and digitalized programs of text, sound and visual, music, picture, image or animation that allow users to achieve the purposes of playing by operation of electronic equipment such as computer, hand-held or wearable reality devices. "Game Software" excludes software used by the "electronic game machines" referred to under the Electronic Game Arcade Business Regulation Act.
2."Obligor of rating administration" is defined as follows: any person who publishes, sells, leases, distributes, displays or provides access for browsing or downloading of the software.
3. Chess game software: refers to a game involving movement of chess pieces on simulated chess boards according to rules, and using strategies to determine the winner or loser, including the content of simulated Gomoku, Chinese Checkers, Chinese Chess, Go etc.
4. Card game and intelligence-beneficial entertainment game software: refers to content of simulated Mahjong, Poker, Dice, Pachinko, Horse Racing, Roulette or the content of image connection game of Slots, Casino Slots, Fruit Slots.
Article 3
The contents of gaming software shall not violate any compulsory or prohibitive provisions of law.
Article 4
Gaming software is divided into the following 5 ratings in accordance with its contents:
1.Restricted (R): Only persons of age 18 and above may use such software.
2.Parental Guidance 15 (PG 15): Only persons of age 15 and above may use such software.
3.Parental Guidance 12 (PG 12): Only persons of age 12 and above may use such software.
4.Protected (P): Only persons of age 6 and above may use such software.
5.General Public (G): All ages may use such software.
Parents, guardians, or other actual caretakers of children and youths shall help children and youths comply with the above rating system.
The labels for the ratings under the first paragraph are attached hereto.
Article 5
Any Game software with any of the following shall be rated “R”:
1.Sex: Images of full-nudity or expression of substantial sexual suggestion by picture, text, image or audio.
2.Violence and Terror: Images involving bloody, violent or terrifying depiction of persons or characters being killed, attacked or slaughtered, resulting in images of cruelty.
3.Drugs: Image or scenario of drug abuse.
4.Improper Language: Repeated usage of text, language or dialogue of vulgarity or hatred.
5.Anti-Social: Descriptions of crimes or improper conduct such as robbery, kidnapping, self-inflicted injury or suicide, which children or youths may imitate.
6.Other descriptions that may have a negative impact on the conduct or psychology of persons below age 18.
Article 6
Any Game software with any of the following shall be rated “PG 15”:
1.Sex: Nudity of upper female body, nudity of the back of the body, or distant image of full nudity, processed image of nudity or slight sexual suggestion through picture, text, image or audio.
2.Violence and Terror: Bloody or terrifying image of attack or slaughter, that does not create an image of cruelty.
3.Tobacco and Alcohol: Image or scenario of enticement for use of tobacco or alcohol.
4.Improper Language: Usage of text, language or dialogue of vulgarity.
5.Anti-Social: Description of crime or improper conduct other than those under Subparagraph 5 of the previous Article, but which children and youths are not likely to imitate.
6.Chess game, card game and intelligence-beneficial entertainment game software with the use virtual game tokens are used to perform games, and the game result is able to directly affect the increase/decrease of the virtual game tokens
7.Other descriptions that may have a negative impact on the conduct or psychology of persons below age 15.
Article 7
Any Game software with any of the following shall be rated “PG 12”:
1.Sex: Game characters wearing provocative clothing highlighting sexual characteristics but without sexual suggestion; image of nudity in an educational or medical nature.
2.Violence and Terror: Image of fighting or attacking that is not bloody, or a slightly terrifying image.
3.Improper Language: Usage of common unrefined language but without negative implication.
4.Love Affair: The Game design procures users to have virtual romantic relationship or virtual marriage.
5.Card game and intelligence-beneficial type game software without the use of virtual game tokens to perform games or the game result does not directly affect the increase/decrease of the virtual tokens.
6.Other descriptions that may have a negative impact on the conduct or psychology of persons below age 12
Article 8
Any Game software with any of the following shall be rated “P”:
1.Violence: Content without bloody images, such as fighting of cute characters or attacks without illustration of character death detail etc.
2.Other descriptions that may have a negative impact on the conduct or psychology of persons below age 6.
Article 9
Any Game software whose contents do not have any description set forth in the previous four Articles shall be rated “G”.
Article 10
Before the launch of any Game software by any Game software distributor or agent, rating information shall be specified in accordance with these regulations. However, if the Game software is not supplied by such persons, the actual provider shall have the obligation of rating in accordance with these regulations.
The persons under the previous Paragraph shall register the rating category of the Game software and the content descriptions and the contact information for effective communication of the publisher or seller of the Game Software in the database of the central competent authority for the specific industry for the purpose of consultation.
No contents of the game package, user’s guide, downloaded page or homepage of any Game software shall exceed the rating category of such software.
Article 11
Rating labels shall be affixed to Game software in accordance with the following:
1.If the Game software product has a package, the rating shall be indicated on the lower left corner or lower right corner on the front side of the product package. The “R” label shall be at least 2 x 2 centimeters. The labels for other ratings shall be at least 1.5 x 1.5 centimeters.
2.If the Game software product does not have any package, a clear labeling shall be affixed next to the user’s guide, downloaded page, homepage or link of the game. The “R” label shall be at least 50 x 50 pixels. The labels for other ratings shall be at least 45 x 45 pixels. However, if labeling is not possible due to excessively small size or special nature, rating shall be indicated by text.
Article 12
If the same Game software contains any of the following scenarios, as set forth in each subparagraph, the content descriptions regarding the scenarios shall be clearly indicated in Chinese.
If there are more than three occurrences reflecting the scenarios described in each subparagraph below, there shall be at least three descriptions of the most significant occurrences.
1.The following seven content descriptions: Scenarios involving sex, violence, terror, tobacco and alcohol, drugs, improper use of language or anti-social behavior.
2.Chess, card and intelligence-beneficial entertainment games described in Subparagraph 6 of Article 6 and Subparagraph 5 of Article 7.
3.Scenario procuring users to be romantically emotionally involved or virtual matrimony.
The content descriptions of the Game software shall be labeled in the following manner:
1.If the Game software product has a package, the rating shall be indicated on the lower left or lower right corner on the front or back side of the product package.
2.If the Game software product does not have any package, clear labeling shall be affixed next to the user’s guide, downloaded page, homepage or link of the game, unless labeling is not possible due to excessively small size or special nature.
Article 13
The following warning statements shall be clearly indicated on the game package, user’s guide, downloaded page or homepage of the product in Chinese:
1.Attention to the time of use, avoid excessive Game or other similar warnings.
2.For game software with chess, card and intelligence-beneficial games being used as the main content, such game software shall be labeled with a warning that it is prohibited to use the game for gambling, conducting illegal actions or other similar actions.
3.If the purchase of game points (cards), virtual game currencies or virtual treasures are used as payment methods, the content and amount of payment shall be indicated. The portion of Game contents or services that require additional payment or other similar warnings shall also be provided.
4."R" rated Game software, warning shall be indicated showing that only persons of age 18 and above may purchase or use the software.
Article 14
If any obligor of rating management engages in any advertisement for any Game software, in addition to compliance with applicable laws and regulations of the competent authority, the rating of the Game software shall also be clearly displayed on such advertisement, unless the abeling is not possible due to excessively small size or special nature.
For any advertisement broadcasted before the launch of the Game software, if the rating is not yet confirmed, a warning shall be clearly indicated in Chinese that the game is not yet launched and that the rating is pending.
Article 15
Before selling, distributing, displaying any Game software or providing download of the software, any obligor of rating management other than those under Article 10 shall ensure that the labeling of rating information on the Game software has been completed. If the rating label of the Game software is inconsistent with these regulations, correction, recall or removal shall be carried out following notice by the central competent authority for the specific industry, local competent authority or competent authority for the specific industry.
Who sets a specific premise for providing equipments and the software under the preceding section to the general public for their use and operates it as a business shall label the rating information, safety guideline for the premise and the potential influence on human bodies and operation must be conducted pursuant to the instructions of the clerks/instructors at the premise and other similar warnings in Chinese in obvious places.
If any Game software that is not issued within the Republic of China but that users may connect to or download through the Internet cannot be rated in accordance with these regulations, the central competent authority for the specific industry, local competent authority or competent authority for the specific industry may undertake the following measures:
1.Notify the provider of the Internet platform to undertake measures preventing the access or viewing by children or youths, or remove the software immediately.
2.Notify the provider of operational services within the Republic of China to terminate the relevant services.
Article 16
The obligors of rating management who sell or lease, distribute or display any “R” rated Game software or provide the access to browse or download of the software shall undertake necessary measures to prevent access by children and youths.
"R" rated Game software shall be displayed in a dedicated area that is separate from Game software of other ratings. A warning shall be displayed in Chinese showing that only persons above age 18 may purchase or use such software.
Article 17
To implement Game software rating management, the central competent authority for the specific industry, local competent authority or competent authority for the specific industry may provide consultation, accept complaints and perform audit for compliance matters under these regulations.
Sanctions shall be imposed in accordance with the Act by the local competent authority or the competent authority for specific industry based on the results of complaint review or audit by the various authorities under the above stated paragraph.
Article 18
To promote rating of Game software, the central competent authority for the specific industry may undertake the following measures:
1.Publish the rating reference table for reference by obligors of rating administration.
2.For any case with ambiguity of rating, relevant experts and representatives of organizations are to be invited to perform reviews.
3.Outstanding obligors of rating administration are to be awarded.
4.Assist private organizations to establish independent parties’ to provide obligors of rating management with assistance or guidance required for the rating administration.
Article 19
For any Game software launched before the implementation date of amendment to these regulations, 29th May 2012, the person who issued or distributes the Game software as an agent shall indicate the rating in accordance with Article 10 for the Game software owned by itself or any of its distributors or agents and record the registration in the database of the central competent authority of the specific industry.
The person who leases, sells, distributes or displays the Game software or provides download of the software under the previous paragraph shall inform the issuer or agent of the Game software to indicate the rating category in accordance with the previous paragraph.
Article 20
(Deleted)
Article 21
These regulations shall be implemented upon the date of promulgation.
Provisions amended on April 20, 2018 of these regulations shall be implemented three months after the promulgation thereof.
Provisions amended on May 23, 2019 of these regulations shall be implemented three months after the promulgation thereof.