At present, Internet pop-ups have become the "psoriasis" in the Internet era. Whenever you open a computer or mobile terminal to work online or browse and rest, a message or advertisement suddenly pops up, and after a while, it pops up again. These recommended information include advertising, shopping, and some vulgar content information, which makes people feel uncomfortable. These Internet pop-up information not only affects people's mood and work efficiency, but also poses many safety hazards.
In response to the chaos in pushing Internet pop-ups, the National Cyberspace Administration of China , the Ministry of Industry and Information Technology, and the State Administration for Market Regulation recently jointly issued the " Internet pop-up information push service management regulations " (hereinafter referred to as the "Management Regulations"), which will come into effect on September 30, 2022. The "Management Regulations" define "Internet pop-up information push service" and "Internet pop-up information push service provider". The former refers to the information push service provided to Internet users in the form of pop-up message windows through operating systems, application software, websites, etc.; the latter refers to the organization or individual of Internet pop-up information push service.
The "Management Regulations" propose that Internet pop-up information push service providers should implement the main responsibility for information content management, establish and improve four management systems, including information content review, ecological governance, data security, personal information protection, and minor protection, and clearly stipulate in Article 5 that Internet pop-up information push service must strictly fulfill nine compliance obligations.
1. shall not push illegal and bad information stipulated in the " Network Information Content Ecological Governance Regulations ", especially malicious hype of entertainment gossip, scandal privacy, extravagance to show off wealth, and ugliness to pretend to be ugly. content that violates public order and customs. It shall not use malicious hype to push related old news in a certain topic.
Currently, many online pop-up information involves entertainment gossip, scandal privacy, obscene pornography and other information. Some pop-ups also hide malicious plug-ins and Trojan virus , which in turn steals personal privacy. The author once experienced an online lecture. Some indecent pictures and advertisements popped up on laptop inexplicably, which not only affected the mood, but also distracted everyone's attention and had a great negative impact.
Article 6 of the "Regulations on Ecological Governance of Network Information Content" implemented on March 1, 2020 specifically stipulates that in addition to content prohibited by laws and administrative regulations, there are ten red lines prohibited by online information content producers: one is to oppose the basic principles determined by the Constitution; two is to endanger national security, leak state secrets, subvert state power, and undermine national unity; three is to damage national honor and interests; four is to distort, vilify, blaspheme, and deny the deeds and spirits of heroes and martyrs to insult, slander or Those who infringe on the names, portraits, reputations and honors of heroes and martyrs in other ways; fifth are those who promote terrorism, extremism or incite terrorist activities or extremist activities; sixth are those who incite national hatred, ethnic discrimination, and undermine national unity; seventh are those who undermine national religious policies and promote cults and feudal superstitions; eighth are those who spread rumors and disrupt economic order and social order; nineth are those who disseminate obscene, pornography, gambling, violence, murder, terror or instigate crimes; tenth are those who insult or slander others and infringe on the reputation, privacy and other legitimate rights and interests of others.
"Regulations on Ecological Governance of Network Information Content" requires that online information content producers should take measures to prevent and resist the production, copying and publish bad information containing the following nine types of content: First, the use of exaggerated titles, and the content is seriously inconsistent with the title; Second, the hype of scandals, scandals, bad deeds, etc.; Third, improper comment on natural disasters, major accidents and other disasters; Fourth, sexual suggestion, sexual provocation, etc. are prone to sexual associations; Fifth, blood, thriller, cruelty, and other physical and mental discomfort; Sixth, inciting people to discriminate, regional discrimination, etc.; Seventh, promoting vulgar, vulgar, and kitsch content; Eight, it may cause minors to imitate unsafe behaviors and violate social morality, and induce minors to have bad habits; Nine is other contents that have adverse effects on the network ecology.
2. If you do not obtain the Internet news information service license, you shall not push news information in pop-up windows. If the pop-up window push information involves other Internet information services, it shall be reviewed and approved by the relevant competent authorities or obtained the relevant competent authorities in accordance with the law.
According to the requirements of the "Regulations on the Management of Internet News Information Services", Internet news information services shall be provided to the public through Internet sites, applications, forums, blogs, microblogs, public accounts, instant communication tools, online live broadcasts, etc. You shall obtain an Internet news information service license and prohibit the conduct of Internet news information service activities without permission or beyond the scope of the license. The Internet news information services here include Internet news information collection, editing and publishing services, reprinting services, and dissemination platform services.
Without obtaining the Internet news information service license, Internet pop-up information push service providers are not allowed to push news information in pop-ups. This is a legal red line. Internet pop-up information push service providers are not allowed to touch it at any time. It should be pointed out that except for Internet news information services, other Internet information services are value-added telecommunications service services. To provide Internet information services, they must obtain the telecommunications business license of the telecommunications department or file with the telecommunications department. Therefore, the "Management Regulations" specifically require that if pop-up information involves other Internet information services, it should be reviewed and approved by the relevant competent authorities or obtained relevant licenses in accordance with the law, it should be reviewed and approved by the relevant competent authorities or obtained relevant licenses. If you push news information in
3. If you push news information in a pop-up window, you should strictly follow the " Internet News Information Release Source Units " published by National Internet Information Office . You must not reprint beyond the scope, and you must not distort or tamper with the original meaning of the title and the content of the news information to ensure that the source of the news information is traceable.
In October 2021, the State Cyberspace Administration of Information Publicly released the "List of Internet News Information Source Units", which covers a total of 1,358 manuscript sources, including central news websites, central news units, industry media, local news websites, local news units and government affairs publishing platforms. The above Internet news information service units with Internet news information collection and editing service qualifications are mainly newspapers, radio stations, television stations, news agencies and news film studios established in accordance with the law, and three types of units such as official publishing platforms opened by party and government agencies can apply to join the "List of Internet News Information Source Units".
must be emphasized that even news units included in the "List of Internet News Information Source Units" can push news information in pop-up windows, but they must not reprint beyond the scope, and they must not distort or tamper with the original meaning and content of the title to ensure that the news source is traceable and the news information is true, objective and comprehensive.
4. improves the diversity of information pushing in pop-up windows, scientifically sets the proportion of news information and vertical content, reflects the mainstream values of positive, healthy and upward. It is not allowed to push or speculate on social hot and sensitive events, vicious cases, disasters and accidents, etc., which will cause social panic.
Currently, the proportion of Internet pop-up information, news information and vertical content in vertical fields is unbalanced. The proportion of Internet vertical fields that specialize in deepening content in one field is too high, and it continues to extend according to a specific field. However, the proportion of mainstream values that reflect positive, healthy and upward trends is not high, which affects the credibility of mainstream media. According to the 50th "HTM1 China Internet Development Statistical Report " released by China Internet Network Information Center (CNNIC), as of June 2022, the number of Internet users in my country was 1.051 billion, and the Internet penetration rate reached 74.4%.
The Internet has become the main battlefield of public opinion of the Party and the state. The press should focus on socialist core value system , clearly adhere to the social responsibility of the media, grasp the correct, positive and healthy value orientation, and push positive and healthy mainstream value content.The "Management Regulations" emphasize that it is not allowed to push or speculate on social hot and sensitive incidents, exaggerate vicious cases, disasters and accidents, etc., and cause social panic. In fact, there are crowds of pushing and hyping up sensitive social events on the Internet, exaggerating vicious cases, disasters and accidents, etc., and deliberately using certain "hot spots" and "sensitive" events to attract the audience's attention. Many of these information are false and useless information, which loses the timely, accurate and true nature of the news. Especially hype of vicious cases and disasters not only has a huge negative impact on netizens, but also triggers social panic, which must be strictly prohibited.
5. Improve the content management specifications for pushing pop-up information, improve the workflow of information screening, editing, pushing, etc., equip the review force that is compatible with the service scale, and strengthen the review of pop-up information content.
Internet pop-up information push service providers should set up a person in charge of pop-up information push governance, and be equipped with professionals who are compatible with the business scope and service scale to manage pop-up information content, establish and improve the compliance management specifications for pop-up information push content, and continuously improve the compliance and ethical literacy of pop-up information push personnel. At the same time, it is necessary to improve the workflow of information screening, editing, pushing, etc., and the content pushed by pop-up information cannot be only automated. It must be equipped with audit forces that are compatible with the service scale to ensure that the content pushed by pop-up information is standardized and compliant.
6, protects the rights and interests of users, and clearly informs users of the specific form, content frequency, cancellation channels of pop-up information push services through service agreements, fully consider the user experience, scientifically plan the push frequency, and do not unreasonably differential pushes to ordinary users and member users, and do not interfere or affect users in any form to close pop-up information. The pop-up information should be significantly marked with the identity of the pop-up information push service provider.
Every day, when we turn on the computer or mobile phone, pop-up information will come everywhere, seriously harassing users and infringing on the user's right to network peace. According to statistics, more than 90% of netizens in my country are interfered with bad information, and computers or mobile phones often receive unknown information, web pop-ups and online game plug-ins, which seriously affect users' online peace.
First of all, the pop-up information push service provider must accurately grasp the push link. The Internet pop-up information push service provider should clearly inform users of the specific methods, content frequency, cancellation channels, etc. of the pop-up information push service through service agreements and other methods.
Secondly, the "Management Regulations" require: "Full consider user experience, scientifically plan the push frequency, and unreasonable differential pushes for ordinary users and member users are not allowed." In fact, the proliferation of pop-up information push not only affects people's mood and work efficiency, but also poses security risks, which have seriously affected users' experience of online access. The frequency of pop-up information pushing must be strictly controlled. Some Internet pop-up information push service providers push pop-up information to ordinary users much more frequently than member users, and implement unreasonable differential treatment. These behaviors must be strictly prohibited. According to the "PC application software network pop-up window survey report ", 46% of consumers reported that the network pop-up window has a great impact on daily use or work, and is very disgusted.
Third, an institution has conducted a survey. Among the 30 application software downloaded from official channels, 13 of them have pop-ups of the Internet, accounting for 43% of the total survey. The main problem that makes consumers disgusted is that pop-up information pushers try every means to interfere with users closing the pop-up window. The root cause of this is the chain of interests behind the pop-up information. Driven by interests, some pop-up information constantly touches the legal red line. Taking pop-up ad push as an example, some surveys show that operating pop-up ads make a lot of profits, and investing 20,000 yuan to pop-up 1 million times; some charge based on the number of clicks from the audience, and each click is charged 0.1 yuan to 0.3 yuan.
7. shall not set up algorithm models that induce users to indulge, over-consumption, etc. that violate laws and regulations or violate ethics and morals ; they shall not use algorithms to maliciously block information, excessive recommendations, etc.; they shall not use algorithms to portrait minor users and push information that may affect their physical and mental health.
In fact, the logic behind the Internet pop-up push is the content-based "Algorithm Recommendations CB", that is, the system obtains user data from massive data, and recommends similar content to users based on content that users like or searched in the past. The measurement of content similarity is the core of the algorithm application process. At present, there are a large number of situations in the promotion of Internet pop-up algorithms that violate laws and regulations or ethics. In order to enhance user stickiness and cater to users' preferences, some pop-up algorithm recommendation services constantly choose to push information that users are interested in for pop-ups, resulting in users being addicted to the Internet and over-consumption.
Article 8 of the " Internet Information Service Algorithm Recommendation Management Regulations " implemented on March 1, 2021 requires that algorithm recommendation service providers should regularly review, evaluate, verify algorithm mechanism mechanism, model, data and application results, etc., and shall not set up algorithm models that induce users to indulge, over-consumption, etc. that violate laws and regulations or violate ethics.
Personalized pop-up service is to use algorithm recommendations to actively provide users with targeted information services that can meet users' personalized information needs. This service itself is a personalized information service provided to users. However, some network pop-up information push service agencies abuse algorithms to promote and implement forms such as blocking information, over-recommendation, and manipulating lists, seriously interfering in the normal presentation of information. This abuse of algorithms is not only illegal, but also violates ethics.
Resolutely prohibit the use of algorithms to portrait minors, and push pop-up information that affects their physical and mental health to minors, especially products and services that induce minors to be addicted to. The "Regulations on the Management of Algorithms for Recommendation of Internet Information Services" clearly requires that algorithm recommendation service providers shall not push information to minors that may cause minors to imitate unsafe behaviors and violate social morality, induce minors to have bad habits, and may not use algorithm recommendation services to induce minors to be addicted to the Internet.
8. If the pop-up window pushes advertising information, it should be recognizable and clearly indicate the "advertising" and the closing sign to ensure that the pop-up ad is closed with one click.
In the push of Internet pop-up information, the chaos in Internet pop-up advertisements is the most serious, especially when pop-ups, they are not marked as "advertising". At present, "pop-up ads" are veritable online "pangle moss". They not only push a large amount of bad information such as false and illegal advertisements, but also involve deceiving and inducing users to click on advertising content. According to the Advertising Law , advertisements should be recognizable and enable consumers to identify them as advertisements, not news or other information. To this end, the "Management Regulations" require that "when pushing advertising information in pop-up windows should be recognizable."
The most prominent problem in pop-up advertising information is that it is difficult to close pop-up advertisements, which seriously affects and interferes with users' normal use of the network. In this regard, Article 44, Paragraph 2 of the Advertising Law stipulates that publishing and sending advertisements using the Internet shall not affect users' normal use of the Internet. Ads posted in the form of pop-ups on Internet pages should be marked with a close sign to ensure that they are closed with one click. The "ensure one-click closing" established by the advertising law has four meanings: one is to clearly indicate the word "advertising"; the second is to set up a closing button; the third is to remind users of the position of the closing button in a conspicuous manner, and the closing button settings must not be blurred or almost invisible; the fourth is to be regarded as permanent closing as long as it is closed once.
Although the Advertising Law stipulates that "if the violation of the provisions of Article 44, paragraph 2, and the Internet is used to publish advertisements without significantly indicating the closure sign to ensure one-click closure, the market supervision and management department shall order the correction and impose a fine of not less than RMB 5,000 and not more than RMB 30,000" for violators, such a penalty regulation is too low for violations, and it is difficult to solve the current situation of difficulty in closing pop-up windows.
9, shall not present third-party links, QR codes and other information that are maliciously diverted and jumped through pop-up information push, nor shall users be induced to click through pop-up information push services, and traffic fraud and traffic hijacking are implemented.
Currently, some pop-up information often maliciously diverts and jumps to third-party links or QR code information, and even push services to induce users to click, implement traffic fraud and traffic hijacking. Users will often encounter this situation when using the Internet. When you click on Baidu website to search for information, they inexplicably jump to other websites. At this time, your traffic is hijacked during the jump process, and you have not achieved your goal of "checking information" on Baidu website. This is a typical "traffic hijacking".
The behavior of forcing target jumps through Internet pop-up information push is unfair competition. Article 12 of the newly revised Anti-Unfair Competition Law in 2019 stipulates that operators shall not use technical means to implement four types of behaviors that hinder or destroy the normal operation of network products or services legally provided by other operators by affecting user selection or other means. The first type is "insert links and force target jumps in network products or services legally provided by other operators without the consent of other operators."
Creating false traffic and implementing traffic hijacking is not only an act of disrupting the ecological order of the network, but also an unfair competition. At present, data traffic fraud is becoming increasingly rampant, especially prominent in e-commerce shopping, advertising, online live streaming, "fan circle" culture, online literature, self-media, etc. It has formed a huge black industry chain, seriously undermining the fair competition market order.
Article 24 of the "Regulations on Ecological Governance of Network Information Content" stipulates that users of network information content services, producers of network information content, and network information content service platforms shall not perform traffic fraud, traffic hijacking, false registration of accounts, illegal transactions of accounts, manipulation of user accounts through manual or technical means, and disrupt the ecological order of the network. Anyway, the Competition Law clearly requires that operators shall not help other operators conduct false or misleading commercial publicity by organizing false transactions or other means.
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Author | Wang Chunhui Member of the Information and Communication Economic Expert Committee of the Ministry of Industry and Information Technology, Director of the Research Base of Cyberspace Governance and Digital Economy (Yangtze River Delta)
Source: Rule of Law Network
