People’s Republic of China Legal Update: Supreme People’s Court’s Guiding Opinion on Refund Requests Relating to Unauthorised Online Video Gaming Transactions Paid for by Minors (Published 15 May 2020)

The Supreme People’s Court (SPC) of the People’s Republic of China (PRC) promulgated its Guiding Opinion on Several Issues Concerning the Lawful and Proper Handling of Civil Cases Involving the Novel Coronavirus Pneumonia (COVID-19) Epidemic No. 2 (hereinafter, the ‘Guiding Opinion’) on 15 May 2020. Paragraph 9 of the Guiding Opinion declares that: ‘If a person with “limited capacity for civil conduct,” without the consent of their guardian, engages with paid online video games [e.g., purchases a video game software or makes in-game purchases through microtransactions], or “donates” to content creators or makes other similar payments on livestreaming platforms, to such a sum which is “incompatible with their age and intellectual abilities,” the courts shall support claims from their guardians demanding refund from the internet service providers [e.g., the game company or the livestreaming platform] for such payments.’
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