Ministry of Health and Welfare's Child and Adolescent Law Amendment: A single clause referencing the "Great Firewall" sparks panic, with Legislators Shen Boyang and others intervening urgently

The draft amendment to the Ministry of Health and Welfare’s “Protection of Children and Youth Act” includes terms such as “age-appropriate identification,” triggering public panic about an “Internet Great Wall” related to online real-name systems and restrictions on creative freedom. In response, lawmakers Shen Boyang and Tsai Yi-yu have, together with relevant organizations, urgently stepped in to negotiate.

Ministry of Health and Welfare previews amendments to the Children and Youth Act: Article 59 strengthens online content protection

Recently, Taiwan’s Ministry of Health and Welfare announced a draft amendment to the “Act Governing the Welfare and Rights Protection of Children and Youth,” with Article 59 drawing attention. Because it involves terms such as “age verification” and “restricting website access,” and because these terms are not clearly defined, the public is worried about whether Taiwan will follow the example of the United Kingdom and China and build an “Internet Great Wall.”

According to the draft, Article 59’s scope is mainly to prevent children and youth from accessing internet content that could harm their physical and mental development. It stipulates that the competent communications and broadcasting authority shall convene relevant competent authorities of other agencies, and commission civil society groups to establish content protection organizations.

The draft further requires that internet platform providers, application service providers, and content providers must establish self-regulatory mechanisms and adopt age-appropriate identification or other feasible necessary protective measures. When online content is determined to be harmful to the physical and mental development of children and youth, the competent authority may notify the operator to remove it or restrict browsing by children and youth in advance. If necessary, it may also directly notify the internet access service provider to carry out access-restriction measures.

Amendment to the Children and Youth Act sparks fears of online real-name systems and “website shutdowns”

The moment the draft of Article 59 was announced, it immediately sparked backlash online.

Many people are worried that the term “age-appropriate identification” may lead relevant institutions to develop online real-name system policies in the future. They fear that, in the name of protecting certain children and youth, the government could require all citizens to prove their age online, which would instead violate the privacy rights of the general public. If, in the future, relevant units require platforms to upload identity documents for verification, it could also increase the risk of personal data leaks.

In addition, the draft gives the competent authority the power to restrict internet access, which has also left many creators and netizens feeling panicked. Some netizens criticize that this is tantamount to building an Internet Great Wall and could crush Taiwan’s democratic freedoms and online environment.

Some netizens emphasize that, after excluding obscene remarks involving illegal conduct, sexual and violent creations in ordinary film, television, games, and manga still constitute high-value expression protected by the Constitution. If the review power granted by the draft could be expanded excessively, it may threaten overall freedom of creation.

Image source: Public Policy Online Participation Platform—The draft amendment to the Children and Youth Act triggers fears of online real-name systems and “website shutdowns,” prompting a large number of people to leave comments in protest

Multiple lawmakers urgently intervene; the Ministry of Health and Welfare promises to reconsider

In light of public concerns, the Taipei City Animation Planning Personnel Labor Union and the ACGN Copyright Rights Promotion Association, together with legislators Tsai Yi-yu, Shen Boyang, and Huang Jie, held a symposium with the Ministry of Health and Welfare on April 30 and reached multiple conclusions.

Legislator Shen Boyang said that the first point confirmed in the meeting was that the current online content tiered-management approach for artistic creation would remain unchanged—meaning that virtual characters do not fall under the Children and Youth Act.

As for the wording in the draft—such as defining the establishment of self-regulatory mechanisms, age-appropriate identification standards, and restricting access—that is not precise enough and is likely to create practical concerns, the legislators have also asked the relevant ministries to take it back for further review, to ensure consistency and clarity in the regulatory framework.

Image source: Shen Boyang’s Threads—The draft amendment to the Children and Youth Act causes panic; Legislators Shen Boyang and others have held a meeting with the Ministry of Health and Welfare

Legislator Tsai Yi-yu suggested that, when amending laws, the Ministry of Health and Welfare must use precise and careful wording. This is to respect the diversity of secondary (derivative) creations, and to confirm that the amendment content will not go beyond the original protection consensus.

A representative of the Ministry of Health and Welfare also promised to revise wording that is in question, and to hold multiple public hearings after the announcement period ends. After gathering opinions from all sectors, the formal draft would be released.

Image source: Tsai Yi-yu’s Facebook—The draft amendment to the Children and Youth Act causes panic; Tsai Yi-yu says the Ministry of Health and Welfare should listen to public opinion more

From iWIN to the Children and Youth Act: People closely guard online and creative freedom

The controversy surrounding the amendment to the Children and Youth Act once again brings to mind the iWIN incident that sparked anger in the anime community in early 2024.

At the time, the internet content protection organization iWIN notified operators to take down anime and game content involving juvenile-like virtual characters. This sparked fears among fans that virtual creations were being over-censored.

After coordination among multiple parties, a set of handling principles was established. It clearly distinguished virtual secondary creations that are not realistic and do not infringe on personal legal interests from real child sexual exploitation and AI-generated realistic pornographic images, effectively resolving the dispute.

Image source: Huang Jie’s Threads—The iWIN incident once shook Taiwan’s anime industry; ultimately, the various parties coordinated to establish handling principles

However, the push to advance the 2026 amendment draft of the Children and Youth Act has once again heightened public sensitivity to online regulation.

People do not want the Digital Intermediary Law to come back

Outside observers are concerned that Taiwan may be walking down the path of the United Kingdom’s “Online Safety Bill.”

After the law was implemented in 2023, strict age-verification mechanisms led to many unexpected consequences—for example, adult users downloading VPNs in large numbers to bypass reviews in order to protect their privacy; and some online platforms removing otherwise legal content excessively to avoid facing penalties, or even directly exiting the UK market.

In the Southern Hemisphere, Australia has gone further by taking mandatory measures to directly prohibit minors from using social platforms. However, a BBC investigation found that local teenagers could still bypass the restrictions through simple methods. Spain is also planning a youth ban, which led Telegram founder Pavel Durov to criticize: “The country is using the protection of children as a cover to monitor its people.”

• Related report: Spain plans to ban children under 16 from using social media! TG founder criticizes: This is surveillance, not protection

International precedents have deepened Taiwanese netizens’ concerns. They are even more worried that the Digital Intermediary Law, which faced strong backlash a few years ago and was blocked, might return under the guise of protecting children.

Therefore, how to strike a balance between implementing protection for children and youth and safeguarding the public’s privacy and freedom of creation will be a severe test for the government.