Chinese Tech and the Party-State: Privacy, Profit and Power

Artist: Kirill Maksimchuk

Chinese Tech and the Party-State: Privacy, Profit and Power

Rogier Creemers, Angela Zhang and John Lee presented ‘Chinese Tech and the Part State: Privacy, Profit and Power’ on May 26th 2021.

Abstract

In recent years, there has been a rapid increase in the popularity of ‘Esports’ or competitive video game contests (Gibbs et al., 2018). This phenomenon presents significant public health concerns linked to the associated excessive gaming consumption as well as potentially exposing children to harms similar to those in traditional sporting contexts, due to team environments and professional coaching (ESIC, 2019). Moreover, the blurring lines between esports gaming and esports gambling (Zendle, 2020) and the manipulative effect of personalised commercial content embedded as part of the gaming content (Verdoodt et al., 2016) are also of key concern. This commercialisation of play leads to some fundamental questions. For instance, could the playing or watching of esports fall under the concept of ‘play’ as conceptualised by the United Nations Convention on the Rights of the Child (“CRC”) and, hence, contribute to the realisation of the right to play and enable other rights such as the rights to development, assembly, and freedom of expression during COVID-19? The platforming of child’s play therefore, raises important questions from a children’s rights perspective.When responding to such questions and the concerns raised by developments such as esports, it is important however, to not ‘disproportionately restrict children’s rights to participation and play’ (UNICEF, 2019), in particular in times of COVID-19. This paper will therefore focus on the digitalisation and platforming of child’s play during the pandemic and will address the issues through the lens of children’s rights, in particular the right to play and the right to protection from exploitation. The analysis proceeds in three parts. The first introduces children’s rights and esports, the second narrows down on how playing esports can contribute to the realisation of the rights enshrined in Article 31 CRC in times of COVID-19, and the final section explores exploitative play and the need for a balanced regulatory response to the challenges posed by the esports phenomenon.

About the Speakers

Rogier Creemers is an Assistant Professor in Modern Chinese Studies. With a background in Sinology and Relations, and a PhD in Law, his research focuses on Chinese domestic digital technology policy, as well as China's growing importance in global digital affairs. He is currently the principal investigator of  a research project funded by the Dutch Research Council titled "The Smart State: Big Data, Artificial Intelligence and the Law in China". For the Leiden Asia Centre, he directs a project on China and global cybersecurity, funded by the Dutch Ministry of Foreign Affairs. He is also a co-founder of DigiChina, a joint initiative with Stanford University and New America. His book on cybersecurity in China will be published later this year by Oxford University Press. 

An expert in Chinese law, Angela Zhang has written extensively on Chinese antitrust enforcement. Her book, ‘Chinese Antitrust exceptionalism: How the Rise of China Will Challenge Global Regulation” was published by Oxford University Press earlier this year.  Angela has broad research interests in the areas of law and economics, particularly transnational legal issues bearing on businesses. She is currently working on several  projects pertaining to online platforms, trade and investment as well as Chinese political economy. Angela is the Director of the Centre for Chinese Law,  which promotes legal scholarship with the aim of developing a deeper understanding of China and facilitate dialogue between East and West. 

John Lee coordinates work in the MERICS’ research cluster on China’s use of digital technologies. His research covers emerging and foundational technologies in China’s domestic development and international relations, China’s science and innovation policies, and China’s approach to governance of the Internet and cyberspace. John works on related subjects including export controls, R&D ecosystems and supply chains in high-technology sectors. John’s academic background includes strategic studies, political science and international relations, history and international law. 

PresentationHMI Staff